California, United States of America
The following excerpt is from People v. Alvarez, B275735 (Cal. App. 2017):
Amend.; see also Cal. Const., art. I, 13 ["The right of the people to be secure in their persons, houses, papers, and effects against unreasonable seizures and searches may not be violated"].) A defendant may move "to suppress as evidence any tangible or intangible thing" on the ground that "[t]he search or seizure without a warrant was unreasonable." ( 1538.5, subd. (a)(1)(A).) "'"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.)
"'[R]easonableness is always the touchstone of Fourth Amendment analysis,' [citation], and reasonableness is generally assessed by carefully weighing 'the nature and quality of the intrusion on the individual's Fourth Amendment interests against the importance of the governmental interests alleged to justify the intrusion.' [Citation.]" (County of Los Angeles v. Mendez (2017) 581 U.S. ___ [137 S.Ct. 1539, 1546].)
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