What is the test for a motion to suppress evidence obtained through an unlawful search or seizure?
California, United States of America
The following excerpt is from People v. S.O. (In re S.O.), E067787 (Cal. App. 2018):
Welfare and Institutions Code section 700.1 permits minors in delinquency proceedings to move to suppress evidence obtained through an unlawful search or seizure. Once the minor establishes the search or seizure was warrantless, the People bear the burden of demonstrating a legal justification for the search or seizure.2 (People v. Redd (2010) 48 Cal.4th 691, 719; People v. Johnson (2006) 38 Cal.4th 717, 723.) In reviewing the denial of a motion to suppress, we determine whether substantial evidence
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supports the trial court's express and implied factual findings. (People v. Glaser (1995) 11 Cal.4th 354, 362.) The trial court has the power to judge witness credibility, resolve conflicts in the evidence, and draw reasonable factual inferences. (People v. Woods (1999) 21 Cal.4th 668, 673.) While we defer to factual findings supported by substantial evidence, we exercise our independent judgment to determine whether, on the facts so found, the search or seizure was reasonable under the Fourth Amendment. (People v. Glaser, supra, at p. 362.)
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