California, United States of America
The following excerpt is from The People v. Brewer, 81 Cal.App.4th 442, 96 Cal.Rptr.2d 786 (Cal. App. 2000):
3. The hearing on the motion to suppress focused on the reasonableness of defendant's detention following the traffic stop, the reasonableness of his arrest for driving under the influence of marijuana, and the reasonableness of his arrest for transportation and possession for sale of the marijuana. Counsel and the court also addressed the issue of whether statements obtained in violation of Miranda v. Arizona (1966) 384 U.S. 436, could lawfully be used for purposes of establishing probable cause. A separate hearing was subsequently held on the motion to traverse and quash based on alleged intentional or reckless misstatements contained in an affidavit in support of a search warrant for defendant's residence. An issue addressed at the hearing on the motion to quash also concerned the use of statements obtained in violation of Miranda principles in the affidavit in support of the search warrant. We will set forth the facts adduced at each hearing separately in this opinion because they were the subject of separate hearings on separate motions.
3. The hearing on the motion to suppress focused on the reasonableness of defendant's detention following the traffic stop, the reasonableness of his arrest for driving under the influence of marijuana, and the reasonableness of his arrest for transportation and possession for sale of the marijuana. Counsel and the court also addressed the issue of whether statements obtained in violation of Miranda v. Arizona (1966) 384 U.S. 436, could lawfully be used for purposes of establishing probable cause. A separate hearing was subsequently held on the motion to traverse and quash based on alleged intentional or reckless misstatements contained in an affidavit in support of a search warrant for defendant's residence. An issue addressed at the hearing on the motion to quash also concerned the use of statements obtained in violation of Miranda principles in the affidavit in support of the search warrant. We will set forth the facts adduced at each hearing separately in this opinion because they were the subject of separate hearings on separate motions.
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