Is there a duty of a trial court to investigate or suppress a search warrant obtained during a search?

California, United States of America


The following excerpt is from People v. Pryor, C068159 (Cal. App. 2012):

Defendant contends that once evidence of a possible illegality in the search came to light, the trial court had a duty to investigate it. Defendant cites no authority for this proposition, but instead equates it with a court's duty to inquire into conflicts between counsel and client or juror misconduct. However, and to the contrary, absent a proper showing by defendant, a trial court is directed not to entertain a suppression motion during trial. (People v. Smith, supra, 30 Cal.App.3d at p. 280 [although the trial court chose to entertain a belated suppression motion at trial, "it was incumbent upon the court not to do so"].)

Page 7

C. Ineffective Assistance of Counsel/Open Fields Doctrine

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