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

The People also rely on People v. Souza, supra, 9 Cal.4th 224. In Souza, police in a high crime area noticed the defendant standing in the dark late at night talking to someone in a parked car. (Id. at p. 228.) When the police turned on a spotlight, the defendant ran and was then apprehended. (Ibid.) In upholding the denial of his motion to suppress evidence of narcotics discovered when the defendant was frisked, the court found no Fourth Amendment violation because the detention occurred in a high crime area, late at night, after the defendant exhibited suspicious behavior by standing next to a car in the darkness and then running from police. (Id. at p. 242.) No such circumstances are present in this case.

Having determined the investigatory stop was unlawful, evidence obtained as a result of the stop must be suppressed unless an intervening circumstance attenuated the Fourth Amendment violation. To determine if evidence is admissible despite a defect in the initial stop, we must decide " 'whether the chain of causation proceeding from the unlawful conduct has become so attenuated or has been interrupted by some intervening circumstance so as to remove the "taint" imposed upon that evidence by the original illegality.' " (People v. Brendlin (2008) 45 Cal.4th 262, 269, quoting United States v. Crews (1980) 445 U.S. 463, 471.) Three factors are used to determine whether the taint of the illegal detention has been attenuated: (1) the temporal proximity of the Fourth Amendment violation to the procurement of the challenged evidence; (2) the presence of

Page 10