In what circumstances will a court grant a motion to suppress a sexual assault?

Our review of the foregoing cases makes it clear that the court below erred as a matter of law in granting the motion to suppress on the basis that the officers lacked a reasonable suspicion defendant had committed a crime. The proper inquiry is whether the encounter was consensual under the totality of the circumstances. In light of the court's failure to make the necessary factual findings, we decline to rule on the legality of the encounter and remand the matter for the limited purpose of determining whether the officers' conduct would have communicated to a reasonable person that he or she was not free to decline their requests to enter and search the motel room or otherwise terminate the encounter. (People v. Superior Court (1976) 65 Cal.App.3d 511, 524, 135 Cal.Rptr. 306.)

[119 Cal.App.4th 375]