What is the test for determining whether a search or seizure under the Fourth Amendment is reasonable?

California, United States of America


The following excerpt is from People v. White, 2d Crim. No. B292950 (Cal. App. 2019):

We defer to the trial court's factual findings if supported by substantial evidence but exercise our independent judgment to determine whether a search or seizure is reasonable under the Fourth Amendment. (People v. Ovieda (2019) 7 Cal.5th 1034, 1041 (Ovieda); People v. Glaser (1995) 11 Cal.4th 354, 362.) Federal constitutional standards govern the suppression of evidence derived from police searches and seizures. (Cal. Const., art. I, 24; Ovieda at p. 1041.)

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