What is the test for making a motion of no objection to an arrest?

California, United States of America


The following excerpt is from People v. Cuevas-Verduzco, G053902 (Cal. App. 2017):

Those motions both lost at trial and they would fail on appeal. The arrest was constitutionally unobjectionable. Regardless of whether the police were really interested in appellant's bicycle safety when they detained him, they had the right to do so for any objective violation of law (Whren v. United States (1996) 517 U.S. 806), and after that the evidence collection was based on virtually incontrovertible consent. Defendant's conversations with the police made it clear he spoke English, so an appellate challenge based on either the Fourth or Fifth Amendment was a non-starter.

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