California, United States of America
The following excerpt is from People v. Galvan, H033280 (Cal. App. 7/2/2009), H033280. (Cal. App. 2009):
"[W]hen defendants move to suppress evidence under [Penal Code] section 1538.5, they must inform the prosecution and the court of the specific basis for their motion." (People v. Williams (1999) 20 Cal.4th 119, 129.) When the search is warrantless and the defendants have a specific argument other than the lack of a warrant, "they must specify that argument as part of their motion to suppress and give the prosecution the opportunity to offer evidence on the point." (Id. at p. 130.) "In sum, . . . under [Penal Code] section 1538 .5, as in the case of any other motion, defendants must specify the precise grounds for suppression of the evidence in question, and, where a warrantless search or seizure is the basis for the motion, this burden includes specifying the inadequacy of any justifications for the search or seizure. . . . The degree of specificity that is appropriate will depend on the legal issue the defendant is raising and the surrounding circumstances. Defendants need only be specific enough to give the prosecution and the court reasonable notice. Defendants cannot, however, lay a trap for the prosecution by remaining completely silent until the appeal about issues the prosecution may have overlooked." (Id. at pp. 130-131.)
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