What is the test for a motion to suppress a defendant's statements?

California, United States of America


The following excerpt is from People v. Combs, A130068 (Cal. App. 2013):

Defendant's counsel explained his reasonable tactical decision to move to suppress defendant's statements on the grounds counsel felt most appropriate. Reasonable tactical decisions do not constitute ineffective representation. (People v. Fosselman (1983) 33 Cal.3d 572, 581.) Moreover, substitute counsel is not required unless the conflicts between attorney and client are "of such magnitude as to substantially impair defendant's right to the assistance of counsel." (People v. Williams (1970) 2 Cal.3d 894, 905.) There was no such evidence here. Accordingly, the trial court did not abuse its discretion in denying the motion.

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