What is the test for a motion to suppress evidence alleged to have been illegally obtained?

California, United States of America


The following excerpt is from Roumbanis v. Superior Court, 105 Cal.Rptr. 702, 29 Cal.App.3d 542 (Cal. App. 1972):

The first issue to be considered is the propriety of the trial court's ruling on the motion to suppress evidence alleged to have been illegally obtained. Petitioner relies heavily upon People v. Superior Court (Hawkins) 6 Cal.3d 757, 100 Cal.Rptr. 281, 493 P.2d 1145 in support of his contention that his motion under Penal Code section 1538.5 should have been granted. In that case, decided after the filing of the indictment in the case at [29 Cal.App.3d 546] bench, the defendant, accompanied by his sister, was driving a pickup truck along a road in Kern County. Without stopping or slowing down at a stop sign, defendant drove his truck into the intersection and collided with another vehicle. Defendant's sister was killed and an occupant of the other car was seriously injured.

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