California, United States of America
The following excerpt is from Hewitt v. Superior Court, 5 Cal.App.3d 923, 85 Cal.Rptr. 493 (Cal. App. 1970):
The contraband which is the subject of the present proceeding was seized in a search of petitioners' car. At the hearing on petitioners' motion to suppress evidence, it was stipulated that the search of the automobile was conducted without a search warrant. The burden was therefore on the prosecution to prove that the search was reasonable. (Badillo v. Superior Court (1956) 46 Cal.2d 269, 272, 294 P.2d 23.) The prosecution nevertheless resisted the motion only by offering in evidence the transcript of an earlier hearing of a motion to set aside the information under Penal Code section 995; that transcript in turn included the transcript of the preliminary examination as to one of the petitioners. At the preliminary[5 Cal.App.3d 927] examination, an officer had testified to the circumstances of the arrest of petitioners and the
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