Lorenzana v. Superior Court

In Lorenzana v. Superior Court (1973) 9 Cal.3d 626, the petitioner presented a motion to suppress evidence on the ground that it was the fruit of an illegal search. The question was submitted on the basis of testimony taken at the preliminary hearing and at the suppression hearing. The search was found to be unconstitutional. On appeal, the People argued another theory, that of inevitable discovery. The court in Lorenzana found the issue to have been waived. "To allow a reopening of the question on the basis of new legal theories to support or contest the admissibility of the evidence would defeat the purpose of Penal Code section 1538.5 and discourages parties from presenting all arguments relative to the question when the issue of admissibility of evidence is initially raised." (Lorenzana, supra, 9 Cal.3d at p. 640.)