California, United States of America
The following excerpt is from People v. Biehl, 228 Cal.App.2d 805, 39 Cal.Rptr. 868 (Cal. App. 1964):
In Badillo v. Superior Court, 46 Cal.2d 269, 294 P.2d 23, Justice Traynor commented on the qualification stated by him in Rogers, as follows: 'No problem is presented in applying this rule in cases involving searches and seizures in which the facts bearing on the legality of the search or seizure are undisputed and establish as a matter of law that the evidence is or is not admissible. In many cases, however, the evidence before the magistrate bearing on this issue may be in conflict or susceptible of conflicting inferences or consist only of
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