In reviewing a ruling on a motion to suppress, what is the test for determining whether a search or seizure was lawful?
California, United States of America
The following excerpt is from People v. E.N. (In re E.N.), C082453 (Cal. App. 2017):
In reviewing a ruling on a motion to suppress, we defer to the trial court's factual findings, express or implied, when supported by substantial evidence, but we exercise our independent judgment in determining whether, on the facts so found, the search or seizure was lawful. (People v. Redd (2010) 48 Cal.4th 691, 719.)
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