What is the test for a motion to suppress evidence in a case where a defendant pleaded guilty to possessing a deadly weapon with the intent of assault?

California, United States of America


The following excerpt is from In re J.G., 10 Cal. Daily Op. Serv. 13, 000, 115 Cal.Rptr.3d 912, 188 Cal.App.4th 1501 (Cal. App. 2011):

Following the denial of his motion to suppress evidence (Pen.Code, 1538.5), appellant pleaded guilty to possessing a deadly weapon with the intent to assault (Pen.Code 12024). He contends the motion was improperly denied because he was arrested without probable cause, but we disagree. "When, as here, the facts known to an officer are sufficient to constitute probable cause to arrest, the possibility of an innocent explanation does not vitiate probable cause and does not render an arrest unlawful. [Citation.]" **914 ( Johnson v. Lewis (2004) 120 Cal.App.4th 443, 453, 15 Cal.Rptr.3d 507.)

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