What is the standard of review for a motion to suppress evidence obtained from an improper search and seizure?

California, United States of America


The following excerpt is from People v. Fews, 238 Cal.Rptr.3d 337, 27 Cal.App.5th 553 (Cal. App. 2018):

"The Fourth Amendment of the federal Constitution requires state and federal courts to exclude evidence obtained from unreasonable government searches and seizures. [Citation.] Penal Code section 1538.5 allows a defendant to move to suppress evidence obtained in an improper seizure. [Citation.] Our standard of review is well established. We 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. " ( People v. Garry (2007) 156 Cal.App.4th 1100, 11051106, 67 Cal.Rptr.3d 849.)

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