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Name: People v. Miller
Case #: G033762
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 01/04/2007

In a search case, the scope of issues on review must be limited to those raised during an argument. In this case, the suppression motion hearing was conducted prior to the decision in People v. Sanders (2003) 31 Cal.4th 318, which held that a police officer unaware of a probation search condition could not rely on it to justify an otherwise unreasonable search. Conceding that appellant was detained without a warrant, probable cause, or reasonable suspicion, the prosecution relied on the probation condition to justify the search. [The preliminary hearing transcript foreclosed the possibility that any other facts existed to justify the search.] The trial court denied the motion but the appellate court reversed. Responding to the Supreme Court’s order following the decision in People v. Moore, S125314, the appellate court determined that, unlike Moore, there was no need for remand as the prosecution had relied solely on the probation condition to justify the search and it would be unfair to allow it to relitigate the issue with a new theory.