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

California, United States of America


The following excerpt is from People v. Brooks, 219 Cal.Rptr.3d 331, 3 Cal.5th 1, 396 P.3d 480 (Cal. 2017):

violation of Miranda v. Arizona (1966) 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694. Defendant testified at a hearing on the motion, but the trial court ordered defendant's testimony stricken in its entirety after he refused to answer one of the prosecutor's questions during cross-examination. The court ultimately granted the motion to suppress in part, ruling that some of the custodial statements were improperly obtained.

[219 Cal.Rptr.3d 358]

Of those statements that the court found admissible, only one was presented to the jury in the prosecution's case-in-chief.

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