What is the test for overturning a motion to suppress evidence?
California, United States of America
The following excerpt is from People v. Superior Court In and For Marin County, 110 Cal.Rptr. 695, 35 Cal.App.3d 242 (Cal. App. 1973):
The People seek mandate to set aside an order granting a motion to suppress evidence. The principal question is whether the consent to search real party defendant's home was the result of improper questioning of the defendant in violation of the Miranda rule (Miranda v. Arizona (1966) 384 U.S. 436, 86 S.Ct. 1602, 16 L. Ed.2d 694).
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