What is the test for a motion to suppress evidence obtained without a warrant?

California, United States of America


The following excerpt is from People v. Tousant, 278 Cal.Rptr.3d 900, 64 Cal.App.5th 804 (Cal. App. 2021):

( People v. Barnes (2013) 216 Cal.App.4th 1508, 1513, 157 Cal.Rptr.3d 853.) A defendant may move to suppress evidence obtained without a warrant as unreasonable. ( 1538.5, subd. (a)(1)(A).) The prosecution must demonstrate a legal justification for the search. ( People v. Evans (2011) 200 Cal.App.4th 735, 742, 133 Cal.Rptr.3d 323.) When reviewing a ruling on a suppression motion, we consider the record in the light most favorable to the trial court's decision and defer to its factual findings if supported by substantial evidence. ( People v. Woods (1999) 21 Cal.4th 668, 673-674, 88 Cal.Rptr.2d 88, 981 P.2d 1019.) We independently review whether the search or seizure was reasonable. ( Ibid . )

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