What is the test for determining whether statements made by defendant on the phone were obtained legally?

California, United States of America


The following excerpt is from People v. Mayfield, 14 Cal.4th 668, 60 Cal.Rptr.2d 1, 928 P.2d 485 (Cal. 1997):

In reviewing this ruling, we accept the trial court's factual findings, based on its resolution of factual disputes, its choices among conflicting inferences, and its evaluations of witness credibility, provided that these findings are supported by substantial evidence. (People v. Crittenden, supra, 9 Cal.4th 83, 128, 36 Cal.Rptr.2d 474, 885 P.2d 887.) But we determine independently, based on the undisputed facts and those properly found by the trial court, whether the challenged statements were legally obtained. (Ibid.)

We consider first the statements defendant made on the telephone while inside the Haverstick residence.

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