What is the test for a claim that evidence obtained during an unlawful search is inadmissible?

California, United States of America


The following excerpt is from People v. Gomez, 130 Cal.App.4th 1008, 30 Cal.Rptr.3d 662 (Cal. App. 2005):

Federal constitutional standards govern review of a claim that evidence is inadmissible because it was obtained during an unlawful search. (Cal. Const., art. I, 28, subd. (d); People v. Willis (2002) 28 Cal.4th 22, 29,

[130 Cal.App.4th 1014]

120 Cal.Rptr.2d 105, 46 P.3d 898.) "The Fourth Amendment guarantees `[t]he right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures' by police officers and other government officials. [Citation.] The touchstone of Fourth Amendment analysis is whether a person has a constitutionally protected reasonable expectation of privacy, that is, whether he or she has manifested a subjective expectation of privacy in the object of the challenged search that society is willing to recognize as reasonable. [Citations.] [] `[P]rivate residences are places in which the individual normally expects privacy free of governmental intrusion not authorized by a warrant, and that expectation is plainly one that society is prepared to recognize as justifiable.' [Citations.] Likewise, a garage that is attached or adjacent to a home may give rise to a legitimate expectation of privacy therein. [Citations.]" (People v. Robles (2000) 23 Cal.4th 789, 794-795, 97 Cal. Rptr.2d 914, 3 P.3d 311.)

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