What is the test for preserving the issue of pretextual arrest for appellate review?
MultiRegion, United States of America
The following excerpt is from U.S. v. Sanders, 21 F.3d 1118 (9th Cir. 1994):
These statements demonstrate that the district court considered the pretextual arrest issue; we therefore conclude that Sanders adequately preserved the issue for appellate review. Moreover, "the factual record is sufficient to enable us to apply settled principles of fourth amendment law to determine the propriety of the [search.]" See United States v. Licata, 761 F.2d 537, 543 (9th Cir.1985) (reviewing Fourth Amendment claim that had not been considered by the district court).
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