What is the test for a motion to suppress evidence in a civil case where a defendant alleges that the search or seizure without a warrant was unreasonable?

California, United States of America


The following excerpt is from People v. Cunningham, B272276 (Cal. App. 2017):

A defendant may move to suppress evidence on the ground that "[t]he search or seizure without a warrant was unreasonable." ( 1538.5, subd. (a)(1)(A).) A warrantless search is presumed to be unreasonable, and the prosecution bears the burden of demonstrating a legal justification for the search. (People v. Redd (2010) 48 Cal.4th 691, 719.)

The threshold issue before us is whether the challenged actions by the officersi.e., the warrantless search of defendant's tent" ' " 'has infringed an interest of the defendant which the Fourth Amendment was designed to protect.' [Citations.] . . ." [Citations.]' (People v. Shepherd (1994) 23 Cal.App.4th 825, 828.) ' "An illegal search or seizure violates the federal constitutional rights only of those who have a legitimate expectation of privacy in the invaded place or seized thing. [Citation.] The legitimate

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