What is the test for denying a motion to suppress evidence discovered during a search and seizure?

California, United States of America


The following excerpt is from The People v. Phillips, 107 Cal.Rptr.2d 84, 89 Cal.App.4th 61 (Cal. App. 2001):

On November 17, 1998, defendant filed a motion to suppress the evidence discovered during the incident on August 27, 1998. He argued that his detention was not justified by "reasonable suspicion" of criminal activity. (See People v. Souza (1994) 9 Cal.4th 224, 230-231.)

"The Fourth Amendment to the United States Constitution prohibits seizures of persons, including brief investigative stops, when they are 'unreasonable.' [Citations.] Our state Constitution has a similar provision. (Cal. Const., art. 1, 13.)" (People v. Souza, supra, 9 Cal.4th at p. 229.) "[T]he temporary detention of a person for the purpose of investigating possible criminal activity may, because it is less intrusive than an arrest, be based on 'some objective manifestation' that criminal activity is afoot and that the person to be stopped is engaged in that activity. [Citations.]" (Id. at p. 230.)

"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. Glaser (1995) 11 Cal.4th 354, 362.)

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