When reviewing a denial of a motion to suppress, what is the test for determining whether a search and seizure was reasonable?

California, United States of America


The following excerpt is from People v. Aguirre, B221110 (Cal. App. 2013):

When reviewing the denial of a motion to suppress, we "defer to the trial court's factual findings where supported by substantial evidence, but we must exercise our independent judgment to determine whether, on the facts found, the search and seizure was reasonable under the Fourth Amendment standards of reasonableness. [Citation.]" (People v. Avila (1997) 58 Cal.App.4th 1069, 1073-1074, citing People v. Leyba (1981) 29 Cal.3d 591, 596-597.)

Other Questions


When reviewing a motion to suppress a search warrant application, what is the test for determining whether the search or seizure was reasonable? (California, United States of America)
When reviewing a motion to suppress a search warrant application, what is the test for determining whether the search or seizure was reasonable? (California, United States of America)
When reviewing the denial of a motion to suppress evidence, what is the test for determining whether a search or seizure under the Fourth Amendment was reasonable? (California, United States of America)
In reviewing a denial of a motion to suppress evidence, what is the test for determining whether a search or seizure under the Fourth Amendment was reasonable? (California, United States of America)
In reviewing a denial of a motion to suppress evidence, what is the test for determining whether a search or seizure under the Fourth Amendment was reasonable? (California, United States of America)
In reviewing a denial of a motion to suppress evidence, what is the test for determining whether a search or seizure under the Fourth Amendment was reasonable? (California, United States of America)
In reviewing a motion to suppress, what is the test for determining whether a search or seizure was reasonable? (California, United States of America)
When reviewing a denial of a suppression motion, what is the test for determining whether a search was reasonable? (California, United States of America)
On appeal from a denial of a motion to suppress, what is the test for determining whether search and seizure was reasonable? (California, United States of America)
On review of the denial of a motion to suppress, how is the court determined that search and seizure was reasonable? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.