California, United States of America
The following excerpt is from Shuey v. Superior Court, 106 Cal.Rptr. 452, 30 Cal.App.3d 535 (Cal. App. 1973):
At the time of the motion to suppress, the People expressly disavowed any claim that there was a right to make an arrest of Paul before the contraband was actually found. The same principle which forbids us to reexamine the validity of the warrant, keeps us from basing our decision on a theory which the People expressly discarded. (Giordenello v. United States, 357 U.S. 480, 487--488, 78 S.Ct. 1245, 2 L.Ed.2d 1503; People v. Hamilton, 71 Cal.2d 176, 182, 77 Cal.Rptr. 785, 454 P.2d 681.)
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