California, United States of America
The following excerpt is from People v. Smithson, 79 Cal.App.4th 480, 94 Cal.Rptr.2d 170 (Cal. App. 2000):
Spence cites People v. Fowler (1980) 109 Cal.App.3d 557, 564, 167 Cal.Rptr. 235, disapproved on another point in People v. Humphrey (1982) 138 Cal.App.3d 881, 882, 188 Cal.Rptr. 473, where this court stated: "It is the law in California that, in a criminal action, if a defendant objects to the admissibility of a confession or admission on any ground, the court must determine the question of admissibility by (a) conducting a hearing out of the presence and hearing of the jury if the defendant (or the People) so requests, and (b) permitting all parties at such hearing to introduce evidence on the question of admissibility, including the defendant's personal testimony."
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