What is the test for a motion to suppress a search and seizure?

California, United States of America


The following excerpt is from People v. Lobato, H039453 (Cal. App. 2014):

In defendant's written motion to suppress, he provided a summary of the facts, an allegation that he was searched without a warrant, and an assertion that it was the prosecution's burden to justify the warrantless search. (See People v. Williams (1999) 20 Cal.4th 119, 130 ["when the basis of a motion to suppress is a warrantless search or seizure, the requisite specificity is generally satisfied, in the first instance, if defendants simply assert the absence of a warrant and make a prima facie showing to support that assertion"].) Defendant argued that the officers' identification of him and any evidence that resulted from the detention and arrest must be suppressed.

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