What is the test for a motion to suppress the fruits of a search in violation of the Fourth Amendment?

California, United States of America


The following excerpt is from People v. Zavaleta, B261527 (Cal. App. 2016):

We also reject the argument that defendant was entitled to a new trial because the trial court erred in denying his motion to suppress the fruits of the search in violation of the Fourth Amendment. The initial motion to suppress under the Fourth Amendment was properly denied at a special hearing before trial, as we have previously held. Moreover, defendant had a full and complete hearing in a special proceeding under Penal Code section 1538.5 before trial. He was not entitled to relitigate that ruling based on the identical facts. (People v. Superior Court of Butte County (1971) 4 Cal.3d 605, 611.)

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