People v. Fike CA5

DISCUSSION

The Fourth Amendment guarantees the right to be free of unreasonable searches and seizures by law enforcement, and a warrantless search or seizure is presumed to be unreasonable unless the search falls within a recognized exception. (U.S. Const., 4th Amend.; Mincey v. Arizona (1978) 437 U.S. 385, 390; Katz v. United States (1967) 389 U.S. 347, 357; People v. Williams (1999) 20 Cal.4th 119, 125–126.) A defendant may move to suppress evidence obtained as a result of a warrantless search or seizure on the ground that “[t]he search or seizure without a warrant was unreasonable.” (Pen. Code, § 1538.5, subd. (a)(1)(A).) When a defendant challenges the lawfulness of a search or seizure, “the People are obligated to produce proof sufficient to show, by a preponderance of the evidence,” that one of the exceptions to the warrant requirement is applicable. (People v. Romeo (2015) 240 Cal.App.4th 931, 939.) On review of the trial court’s denial of a motion to suppress, “ ‘ “[w]e defer to the trial court’s factual findings, express or implied, where supported by substantial evidence. In determining whether, on the facts so found, the search or seizure was reasonable under the…