What is the test for a motion to suppress evidence obtained as a result of a search or seizure?

California, United States of America


The following excerpt is from People v. Earwood, C076247 (Cal. App. 2015):

A defendant may move to suppress evidence obtained as the result of a search or seizure on the ground that there was not probable cause for the issuance of the search warrant. (Pen. Code, 1538.5, subd. (a)(1)(B)(iii).) If the defendant moves to quash the search warrant, "the court should proceed to determine whether, under the 'totality of the circumstances' presented in the search warrant affidavit and the oral testimony, if any, presented to the magistrate, there was 'a fair probability' that contraband or evidence of a crime would be found in the place searched pursuant to the warrant. [Citations.]" (People v. Hobbs (1994) 7 Cal.4th 948, 975 (Hobbs).)

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