Is it reasonable to argue that the detention was justified on suspicion-of-theft grounds?

California, United States of America


The following excerpt is from People v. Porter, F063717 (Cal. App. 2013):

Appellant suggests that the detention may not be justified on suspicion-of-theft grounds because the People did not argue this point below. (See People v. Williams (1999) 20 Cal.4th 119, 137 ["'[T]he scope of issues upon review must be limited to those raised during argument .... This is an elemental matter of fairness in giving each of the parties an opportunity adequately to litigate the facts and inferences relating to the adverse party's contentions'"].) Again, the record establishes otherwise. The People urged this point both in their moving papers and in argument at the second hearing. On this record, the People met their burden of justifying the detention.

Other Questions


Does a defendant have grounds to argue that his detention was unlawful because the officers did not have reasonable suspicion that he was engaged in criminal activity? (California, United States of America)
Is there any case law where defense counsel has argued that defense counsel did not specifically raise this ground on the ground of admissibility? (California, United States of America)
What is the test for evidence that the appellant could reasonably reasonably reasonably expect the appellant to have knowledge of a crime? (California, United States of America)
Can counsel argue that counsel argued that a motion for a new trial was invalid on the grounds of "irregularity in the proceedings"? (California, United States of America)
Is reasonable force justified in the use of reasonable force in detaining, arresting, preventing escape and overcoming resistance? (California, United States of America)
What is a reasonable suspicion justifying a detention? (California, United States of America)
What is the standard of proof for a prosecutor to argue that a reasonable doubt standard is reasonable? (California, United States of America)
What is the difference between a reasonable and unreasonable plaintiff and a reasonable plaintiff under a "reasonable implied assumption of risk" approach? (California, United States of America)
Does Defendant have any grounds to argue that the amendment to the California Civil Rights Act is unconstitutional on equal protection grounds? (California, United States of America)
What is the test for misconduct in a criminal case where a prosecutor argued that reasonable doubt was not a reasonable doubt? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.