What is the test for a motion to suppress the testimony of an off-duty police officer in an assault case?
California, United States of America
The following excerpt is from People v. Almalik, H035390 (Cal. App. 2011):
As Almalik pleaded no contest and is challenging the trial court's denial of his motion to suppress, we derive the facts from the transcript of the motion hearing. In accordance with our scope of review, we recount as true the officer's testimony. (See People v. Ayala (2000) 23 Cal.4th 225, 255 [on review of ruling on motion to suppress, appellate court applies deferential substantial evidence standard of review to historical facts found by trial court].)
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