What is the test for determining whether a search was unreasonable within the meaning of the Constitution?

California, United States of America


The following excerpt is from People v. Daugherty, G048642 (Cal. App. 2014):

[Citations.] Finally, its ruling on the third, which is a mixed fact-law question that is however predominantly one of law, . . . is also subject to independent review.' [Citations.] All presumptions favor the trial court's exercise of its power to judge the credibility of the witnesses, resolve any conflicts in the testimony, weigh the evidence, and draw factual inferences, "'and the trial court's findings on such matters, whether express or implied, must be upheld if they are supported by substantial evidence."' [Citations.] And where, as is the case here, there is no controversy concerning the underlying facts, our task is simplified: The only issue is whether that rule of law, as applied to the undisputed historical facts, was or was not violated. This is an issue for our independent review. [Citation.] [] Based upon its factual findings, the trial court has the duty to determine whether 'the search was unreasonable within the meaning of the Constitution.' [Citation.] California courts measure the reasonableness of the search against federal constitutional standards. [Citations.]" (People v. Werner (2012) 207 Cal.App.4th 1195, 1203-1204.)

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