What is the test for a motion to suppress a search warrant?
California, United States of America
The following excerpt is from People v. Caudillo, C077673 (Cal. App. 2017):
"A warrantless search is presumed to be unreasonable, and the prosecution bears the burden of demonstrating a legal justification for the search." (People v. Redd (2010)
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48 Cal.4th 691, 719.) "The standard of appellate review of a trial court's ruling on a motion to suppress 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. Glaser (1995) 11 Cal.4th 354, 362.)
An established exception to the warrant requirement of the Fourth Amendment is "a search incident to a lawful arrest." (United States v. Robinson (1973) 414 U.S. 218, 235 [38 L.Ed.2d 427, 477].) "A custodial arrest of a suspect based on probable cause is a reasonable intrusion under the Fourth Amendment; that intrusion being lawful, a search incident to the arrest requires no additional justification." (Id. at p. 235.)
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