What is the test for determining whether a search warrant can be used to suppress evidence?

California, United States of America


The following excerpt is from People v. Navarette, 2d Crim. No. B268463 (Cal. App. 2017):

"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." (People v. Woods (1999) 21 Cal.4th 668, 673.) "But while we defer to the superior court's express and implied factual findings if they are supported by substantial evidence, we

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