California Court of Appeal

Under Penal Code 1538.5, once a defendant challenges an unwarranted search as unreasonable, the prosecution must present evidence justifying the specific basis for the warrantless search, even if the defendant did not initially challenge search on that basis.

Appellate Information

• Decided 01/16/2002
• Published 01/16/2002

Judges

• McDONALD, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
•  Lewis A. Wenzell, under appointment by the Court of Appeal, San Diego, for Defendant and Appellant., Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Robert M. Foster and Gary W. Brozio, Deputy Attorneys General, for Plaintiff and Respondent.