California, United States of America
The following excerpt is from People v. Nice, 202 Cal.Rptr.3d 860, 247 Cal.App.4th 928 (Cal. App. 2016):
Our review of a trial court's ruling on a motion to suppress the evidence from such a stop is well established. A warrantless search is presumed to be unreasonable, and the prosecution bears the burden of demonstrating a legal justification for the search.... 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. Redd (2010) 48 Cal.4th 691, 719, 108 Cal.Rptr.3d 192, 229 P.3d 101.)
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