What is the test for a suppression of a search warrant?

California, United States of America


The following excerpt is from People v. Claudio, F070375 (Cal. App. 2015):

2. For the first time on appeal, defendant asserts that, even if his initial detention was reasonable, his prolonged detention "based upon his refusal to permit a pat down search" was unreasonable. He provides no further argument or citation to authority, so we will not address this issue. (People v. Hardy (1992) 2 Cal.4th 86, 150.) Defendant also did not elicit any evidence in the trial court of the duration of the detention. "[F]or a suppression ruling to be reviewable, the underlying objection, contention or theory must have been urged and determined in the trial court." (People v. Manning (1973) 33 Cal.App.3d 586, 600.)

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