What is the test for a motion to suppress evidence?
California, United States of America
The following excerpt is from People v. KEWELL, A127906, Napa County Super. Ct. No. CR147922 (Cal. App. 2011):
The principles governing appellate review of a trial court's denial of a motion to suppress evidence are 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. [Citations.]" (People v. Glaser (1995) 11 Cal.4th 354, 362.)
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