What is the test for a motion to suppress a motion where a police officer has been watching a house from a public street?

California, United States of America

The following excerpt is from People v. Escarsega, C065465 (Cal. App. 2012):

The trial court determines the facts relevant to a motion to suppress, and we review the record to determine if those facts are supported by substantial evidence. Those facts are then measured against the applicable Fourth Amendment rules to determine if the trial court's legal conclusion was correct. (See People v. Ayala (2000) 23 Cal.4th 225, 255; People v. Ruiz (1990) 217 Cal.App.3d 574, 580.)

There is no legal issue with an officer watching a house from a public street; nor is there any issue with an officer approaching the door of a dwelling to speak to its occupant(s). Such so-called "knock and talks" are routine. (See People v. Rivera (2007) 41 Cal.4th 304, 308-311; People v. Jenkins (2004) 119 Cal.App.4th 368, 372-374.)

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