What is the test for a motion to suppress evidence that was seized in violation of the Fourth Amendment?
California, United States of America
The following excerpt is from People v. Bravo, F067658 (Cal. App. 2015):
Evidence seized in violation of the Fourth Amendment is to be excluded. (People v. Maikhio (2011) 51 Cal.4th 1074, 1089.) In reviewing a ruling on a motion to suppress, we review the resolution of the factual inquiry under the deferential substantial evidence standard. The application of the facts to the law is subject to independent review. (People v. Harris (2015) 234 Cal.App.4th 671, 681.)
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