In reviewing a denial of a motion to suppress evidence, what is the test for suppression of evidence?

California, United States of America


The following excerpt is from People v. Botts, C055742 (Cal. App. 8/1/2008), C055742 (Cal. App. 2008):

In reviewing the denial of a motion to suppress evidence, we defer to the trial court's factual findings where supported by substantial evidence, but exercise our independent judgment to determine whether, under those facts, a search or seizure was reasonable under the Fourth Amendment. (People v. Lenart (2004) 32 Cal.4th 1107, 1119.)

Here, viewed in the light most favorable to the suppression order (People v. Weaver (2001) 26 Cal.4th 876, 924), the evidence amply supports the trial court's determination that defendant was lawfully detained.

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