What is the test for a motion to suppress evidence in a search warrant application?

California, United States of America


The following excerpt is from People v. Clower, 16 Cal.App.4th 1737, 21 Cal.Rptr.2d 38 (Cal. App. 1993):

Accordingly, the judgment should be reversed and the matter remanded for a new suppression hearing giving appellant the opportunity to present his testimony material to the legality of the search. (Cf. People v. Brooks (1980) 26 Cal.3d 471, 483, 162 Cal.Rptr. 177, 605 P.2d 1306.) If after the hearing, the court denies appellant's motion to suppress evidence, the judgment can be reinstated.

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