Bennett

According to the country song, “The trouble with the truth is it’s always the same oT thing.” The Legislature—at least instinctively—recognized the wisdom of this truism and provided in section 1538.5 subdivision (i) of the Penal Code that a criminal defendant would be afforded only one evidentiary hearing in which to contest the legality of searches and seizures. Today we hold that the immutability of truth and legislative fiat bar a second evidentiary hearing on such motions, except as provided in the section, even when the trial court concludes the record of the initial hearing is “sparse and inadequate.”

Santa Ana police officers conducting a prostitution sweep saw Michael Edward Bennett talking to a prostitute who had just offered sex to an undercover officer for $40. Officer Michael Gonzales approached Bennett and asked, “Can I talk to you for a moment?” Bennett said, “Yes.”

Remembering Bennett from a previous contact, Gonzales asked him if he was still on parole. When Bennett said he was, Gonzales asked whether he would be willing to wait in the patrol car while he “ran him for warrants.” Again, Bennett said, “Yes.” Gonzales described Bennett as “very…