California, United States of America
The following excerpt is from People v. Massey, 130 Cal.Rptr. 581, 59 Cal.App.3d 777 (Cal. App. 1976):
The theory of the defense is as follows: (1) under subdivision (a) of section 1538.5, the motion provided for by that section may be used '(t)o suppress as evidence any tangible or intangible thing obtained as a result of a search or seizure'; (2) under People v. Ramey (1976), 16 Cal.3d 263, 127 Cal.Rptr. 629, 545 P.2d 1333, 'seizure,' as used both in the state and the federal constitutions, includes seizures--I.e., arrests--of [59 Cal.App.3d 780] persons as well as seizures of property 3. From those premises, defendant argues that a confession obtained as the result of an illegal arrest is suppressible under section 1538.5.
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