Does the Court have authority or authority to address the merits of the appellant's Fourth Amendment claim?

California, United States of America


The following excerpt is from People v. Frank, 214 Cal.Rptr. 801, 38 Cal.3d 711, 700 P.2d 415 (Cal. 1985):

There is other decisional authority which permits this court to address the merits of appellant's claim. Consider People v. Webb (1967) 66 Cal.2d 107, 56 Cal.Rptr. 902, 424 P.2d 342, in which the appellant claimed various Fourth Amendment violations in the seizure of narcotics from his automobile. Trial counsel had made only a "general objection on the ground of illegal search and seizure in a colloquy with the court at the [38 Cal.3d 739] commencement of trial." (Id., at p. 111, fn. 1, 56 Cal.Rptr. 902, 424 P.2d 342.) Nevertheless, "[i]n view of the fundamental constitutional question involved and the relative simplicity of the facts," this court "consider[ed] that objection to be continuous and sufficient to bring the matter[700 P.2d 431] before [it] on the merits." (Ibid.; see also People v. Pranke (1970) 12 Cal.App.3d

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