Can a defendant suppress evidence on the grounds that the search or seizure without a warrant was unreasonable?
California, United States of America
The following excerpt is from People v. Hurtado, H045969 (Cal. App. 2019):
" 'A defendant may move to suppress evidence on the ground that "[t]he search or seizure without a warrant was unreasonable." ([Pen. Code,] 1538.5, subd. (a)(1)(A).) A warrantless search is presumed to be unreasonable, and the prosecution bears the burden of demonstrating a legal justification for the search.' " (People v. Suff (2014) 58 Cal.4th 1013, 1053 (Suff).)
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