P.

P. v. Lu CA6

Good Law
Court of Appeal of CaliforniaMarch 26, 2013H037846California4,014 words

Opinion

Opinion

Elia, J.

Discussion Motion to Suppress Appellant contends that he was deprived of his rights under the Fourth and Fourteenth Amendments when he was subjected to an illegal search and seizure. A defendant may move to suppress evidence obtained as the result of an unreasonable search. (Pen. Code, § 1538.5, subd. (a)(1).) Challenges to the admissibility of a search or seizure must be evaluated solely under the Fourth Amendment. (People v. Carter (2005) 36 Cal.4th 1114, 1141.) "Police contacts with individuals may be placed into three broad categories ranging from the least to the most intrusive: consensual encounters that result in no restraint of liberty whatsoever; detentions, which are seizures of an individual that are strictly limited in duration, scope, and purpose; and formal arrests or comparable restraints on an individual's liberty. [Citations.]" (In re Manuel G. (1997) 16 Cal.4th 805, 821 (Manuel G.).) In reviewing the trial court's denial of a suppression motion, we defer to the trial court's factual findings if supported by substantial evidence, but exercise our independent judgment to determine whether, on the facts found, the search or seizure was reasonable…

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