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
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.