What is the test for a motion to suppress evidence on the grounds that search or seizure without a warrant was unreasonable?

California, United States of America


The following excerpt is from People v. Lara, E058858 (Cal. App. 2014):

"'A defendant may move to suppress evidence on the ground that "[t]he search or seizure without a warrant was unreasonable." [Citation.] A warrantless search is presumed to be unreasonable, and the prosecution bears the burden of demonstrating a legal justification for the search. [Citation.] "The standard of appellate review of a trial court's ruling on a motion to suppress is well established. 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."' [Citations.]" (People v. Suff (2014) 58 Cal.4th 1013, 1053.)

A. The Patdown Search.

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