California, United States of America
The following excerpt is from Baraka H., In re, 6 Cal.App.4th 1039, 8 Cal.Rptr.2d 221 (Cal. App. 1992):
6 In People v. Dees, supra, 221 Cal.App.3d 588, 595-598, 270 Cal.Rptr. 554, the defendant challenged the search of a car while introducing evidence that it was not his car. The prosecution contended that it was the defendant's car, but argued that defendant's contrary evidence deprived him of standing to challenge the search. The court held that such prosecutorial self-contradiction is impermissible. (Id., at pp. 595-598, 270 Cal.Rptr. 554; see United States v. Issacs (9th Cir.1983) 708 F.2d 1365, 1367-1368.) No such contradiction is presented here: the prosecution contended that the contraband was in appellant's possession, but that appellant had abandoned any protectible privacy interest at the time of the search.
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