What is the test for suppressing or attempting to suppress evidence?

California, United States of America


The following excerpt is from People v. Driskill, G039847 (Cal. App. 4/10/2009), G039847., G040913. (Cal. App. 2009):

"It is an elementary principle of law that before a jury can be instructed that it may draw a particular inference, evidence must appear in the record which, if believed by the jury, will support the suggested inference. [Citation.] Whether or not any given set of facts may constitute suppression or attempted suppression of evidence from which a trier of fact can infer a consciousness of guilt on the part of a defendant is a question of law. Thus in order for a jury to be instructed that it can infer a consciousness of guilt from suppression of adverse evidence by a defendant, there must be some evidence in the record which, if believed by the jury, will sufficiently support the suggested inference. Furthermore, the determination of whether there is such evidence in the record is a matter which must be resolved by the trial court before such an instruction can be given to a jury." (People v. Hannon (1977) 19 Cal.3d 588, 597-598.)

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)
What is the test for suppressing 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 reviewing a denial of a motion to suppress evidence, what is the effect of the denial of suppress evidence? (California, United States of America)
Does the Court have authority to exclude evidence where a defendant has been found to be contrary to the evidence code under section 352 of the California Evidence Code? (California, United States of America)
Is a defendant's attempt to suppress evidence against himself admissible? (California, United States of America)
In what circumstances will a defendant oppose evidence of alleged suppression of evidence by his attorney? (California, United States of America)
What is the current state of the law on how to suppress or suppress evidence of a break-in at the home of an alleged drug dealer? (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)
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.