When reviewing a ruling on a motion to exclude evidence from a search warrant, what is the test for determining whether the search did not violate the Fourth Amendment?
California, United States of America
The following excerpt is from People v. Panah, 107 P.3d 790, 25 Cal.Rptr.3d 672, 35 Cal.4th 395 (Cal. 2005):
"When reviewing a ruling on an unsuccessful motion to exclude evidence, we defer to the trial court's factual findings, upholding them if they are supported by substantial evidence, but we then independently review the court's determination that the search did not violate the Fourth Amendment." (People v. Memro, supra, 11 Cal.4th at p. 846, 47 Cal.Rptr.2d 219, 905 P.2d 1305.)
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