In reviewing a denial of a motion to suppress evidence, what is the test for determining whether a search or seizure under the Fourth Amendment was reasonable?
California, United States of America
The following excerpt is from People v. Montalbo, F060053, Super. Ct. No. 1211768 (Cal. App. 2011):
In reviewing the denial of a motion to suppress evidence, "[w]e defer to the trial court's factual findings, express or implied, where supported by substantial evidence. In determining whether, on the facts so found, the search or seizure was reasonable under the Fourth Amendment, we exercise our independent judgment. [Citations.]" (People v. Glaser (1995) 11 Cal.4th 354, 362.)
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