What is the test for a motion to suppress evidence in a criminal case?

California, United States of America


The following excerpt is from People v. Rubio, 250 Cal.Rptr.3d 31 (Cal. App. 2019):

Following the filing of a five-count felony complaint, defendant filed a motion to suppress evidence. At a hearing on the motion to suppress, the prosecution argued that the warrantless entry into defendant's garage was justified under multiple theories: community caretaking, emergency aid, exigent circumstances, and consent. Citing to People v. Ray (1999) 21 Cal.4th 464, 88 Cal.Rptr.2d 1, 981 P.2d 928, the magistrate ruled that the search satisfied the community caretaking exception, but noted that it was "a very close case." The court denied the motion to suppress.

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