People v. Montes

Defendant was convicted, after bench trial, of unlawful possession of cocaine with intent to deliver. Defendant argued, in his motion to suppress, that the arresting officers had no warrant for his arrest and were not authorized to affect such an arrest. Because motion to suppress did not specify immigration issue as a reason to suppress evidence, he is precluded from arguing on appeal that officers lacked probable cause to arrest him for an immigration violation. Defense counsel conceded, at hearing on motion for new trial, that officers had probable cause to arrest Defendant for being in the country illegally, Defendant cannot argue this basis as grounds for appealing denial of motion to suppress. (JORGENSEN and BRENNAN, concurring.)