Davis
Davis v. Appellate Div. of the Superior Court of L. A. Cnty.
Opinion
lead Opinion
Perluss, J.
*389 A defendant may move to suppress evidence on the ground "[t]he search or seizure without a warrant was unreasonable." ( *390 Pen. Code, § 1538.5, subd. (a)(1)(A).) 1 Section 1538.5, subdivision (a)(2), requires the motion to be in writing, accompanied by a memorandum of points and authorities that "set[s] forth the factual basis and legal authorities that demonstrate why the motion shall be granted."
Addressing this statutory language, the Supreme Court in *667 People v. Williams (1999) 20 Cal.4th 119 , 136, 83 Cal.Rptr.2d 275 , 973 P.2d 52 ( Williams ) held, "when defendants move to suppress evidence, they must set forth the factual and legal basis for the motion, but they satisfy that obligation, at least in the first instance, by making a prima facie showing that the police acted without a warrant. The prosecution then has the burden of proving some justification for the warrantless search or seizure, after which, defendants can respond by pointing out any inadequacies in that justification."
When evidence has been obtained through a series of warrantless searches or seizures (here, a traffic stop, field sobriety tests, vehicle search and arrest), does a defendant…