California, United States of America
The following excerpt is from People v. Tribble, 2d Crim. No. B208015 (Cal. App. 1/27/2010), 2d Crim. No. B208015. (Cal. App. 2010):
The People respond that Tribble waived these issues because he did not file a motion to exclude evidence. Where the defendant claims his statements were involuntary but does not file a motion to exclude evidence, as here, the trial court does not have the "opportunity to resolve material factual disputes and make necessary factual findings." (People v. Ray (1996) 13 Cal.4th 313, 339.) "Under such circumstances, a claim of involuntariness generally will not be addressed for the first time on appeal." (Ibid.)
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