California, United States of America
The following excerpt is from People v. Wallace, A143375 (Cal. App. 2016):
2. As respondent notes, defendant "did not preserve the issue of whether there was a Fourth Amendment violation because he did not renew the motion to suppress with the trial court after the magistrate denied the motion at the preliminary hearing. (People v. Lilienthal (1978) 22 Cal.3d 891, 896-897.) However, because appellant has raised the claim of ineffective assistance of counsel, appellate review of the legality of the search is necessary. (People v. Hart (1999) 74 Cal.App.4th 479, 486-487.)"
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