What is the test for a motion to suppress a search warrant application?
California, United States of America
The following excerpt is from People v. Xaypanya, D075624 (Cal. App. 2020):
Cal.5th 793, 814; Simon, supra, 1 Cal.5th at p. 120 [based on the facts found by the trial court, we exercise independent judgment to determine if the search was reasonable].) We "view the evidence in a light most favorable to the order denying the motion to suppress" and " ' "must accept the trial court's resolution of disputed facts and its assessment of credibility." ' " (People v. Frederickson (2020) 8 Cal.5th 963, 1010.)
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