What is the test for suppressing evidence in a motion to suppress evidence?

California, United States of America


The following excerpt is from People v. Bahling, C084676 (Cal. App. 2019):

"In reviewing a trial court's ruling on a motion to suppress evidence, we defer to that court's factual findings, express or implied, if they are supported by substantial evidence. [Citation.] We exercise our independent judgment in determining whether, on the facts presented, the search or seizure was reasonable under the Fourth Amendment." (People v. Lenart (2004) 32 Cal.4th 1107, 1119.) "A detention is reasonable under the Fourth Amendment when the detaining officer can point to specific articulable facts that,

Page 4

considered in light of the totality of the circumstances, provide some objective manifestation that the person detained may be involved in criminal activity." (People v. Souza (1994) 9 Cal.4th 224, 231.)

Other Questions


In reviewing a denial of a motion to suppress evidence, what is the test for suppression of evidence? (California, United States of America)
In reviewing a denial of a motion to suppress evidence, what is the effect of the denial of suppress evidence? (California, United States of America)
In a motion to suppress evidence, what is the effect of the denial of a motion by the Superior Court of Appeal? (California, United States of America)
On appeal from a ruling on a suppression motion, what is the effect of the finding on the suppression motion? (California, United States of America)
What is the burden of producing evidence in a motion to suppress evidence? (California, United States of America)
Is there any case law where evidence of a burglary was suppressed or suppressed because the evidence was obtained by police officers who entered the yard without a warrant? (California, United States of America)
In a motion for summary adjudication on a motion to exclude evidence as to drainage, does plaintiff need to explain to the arbitrator why it was necessary to exclude the evidence? (California, United States of America)
What is the test for a motion to suppress or suppress evidence in a civil case? (California, United States of America)
In reviewing a denial of suppression motion, what is the effect of the finding of reasonableness of the officer's conduct in denying suppression motion? (California, United States of America)
What is the burden of demonstrating the inadmissibility of evidence in a motion to suppress evidence obtained in a search pursuant to a warrant? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.