Can a criminal defendant challenge the reasonableness of a search or seizure by making a motion to suppress?

California, United States of America


The following excerpt is from People v. Saldana, C074302 (Cal. App. 2015):

"A criminal defendant is permitted to challenge the reasonableness of a search or seizure by making a motion to suppress at the preliminary hearing. [Citation.] If the defendant is unsuccessful at the preliminary hearing, he or she may raise the search and seizure matter before the superior court under the standards governing a section 995 motion." (People v. McDonald (2006) 137 Cal.App.4th 521, 528-529.)

"In a proceeding under section 995, the superior court's role is similar to that of an appellate court reviewing the sufficiency of the evidence to sustain a judgment. [Citations.] The superior court merely reviews the evidence; it does not substitute its judgment on the weight of the evidence nor does it resolve factual conflicts. [Citation.] On appeal from a section 995 review of the denial of a defendant's motion to suppress, we review the determination of the magistrate at the preliminary hearing. [Citations.] We must draw all presumptions in favor of the magistrate's factual determinations, and we must uphold the magistrate's express or implied findings if they are supported by substantial evidence." (People v. McDonald, supra, 137 Cal.App.4th at p. 529.)

"We judge the legality of the search by 'mesasur[ing] the facts, as found by the trier, against the constitutional standard of reasonableness.' [Citations.] Thus, in determining whether the search or seizure was reasonable on the facts found by the magistrate, we exercise our independent judgment." (People v. McDonald, supra, 137 Cal.App.4th at p. 529.)

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