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

California, United States of America


The following excerpt is from People v. Acosta, B275629 (Cal. App. 2017):

(See People v. Weaver (2001) 26 Cal.4th 876, 924.) "'In determining whether, on the facts so found, the search or seizure was reasonable under the Fourth Amendment, we exercise our independent judgment. [Citations.]' [Citation.]" (Ibid.)

"As the finder of fact in a proceeding to suppress evidence (Pen. Code, 1538.5), the superior court is vested with the power to judge the credibility of the witnesses, resolve any conflicts in the testimony, weigh the evidence and draw factual inferences in deciding whether a search is constitutionally unreasonable. [Citation.] Accordingly, in reviewing the instant suppression order, we consider the record in the light most favorable to defendants as respondents since 'all factual conflicts must be resolved in the manner most favorable to the [superior] court's disposition on the [suppression] motion.' [Citation.]" (People v. Woods (1999) 21 Cal.4th 668, 673.)

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