In reviewing a suppression ruling, what is the test for determining whether a search warrant can be searched without a warrant?
California, United States of America
The following excerpt is from People v. Smartt, C075619 (Cal. App. 2015):
"In reviewing a suppression ruling, 'we defer to the superior court's express and implied factual findings if they are supported by substantial evidence, [but] we exercise our independent judgment in determining the legality of a search on the facts so found.' " (People v. Lomax (2010) 49 Cal.4th 530, 563.) We will affirm the trial court's ruling if correct on any theory of applicable law. (People v. Zapien (1993) 4 Cal.4th 929, 976.)
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