Davis v. Appellate Division of the Superior Court of Los Angeles CountyAnnotate this Case
A defendant seeking to suppress evidence under Penal Code section 1538.5, although not required to state the basis for his or her challenge to a warrantless search or seizure, must identify the government conduct being questioned. The Court of Appeal denied the petition for a writ of mandate seeking an order directing the appellate division of the superior court to require the trial court to hear petitioner's motion to suppress on the merits. The court explained that when the basis of a motion to suppress is a warrantless search or seizure, a defendant is not required to anticipate the prosecution's justifications. However, if the motion seeks to suppress evidence obtained as a result of police conduct involving a series of warrantless searches and seizures, the defendant must identify which of the searches or seizures he or she challenges as unlawful. In this case, petitioner's motion was denied on this ground.