*/
filter_policy = hci_update_accept_list_sync(hdev);
+ /* If suspended and filter_policy set to 0x00 (no acceptlist) then
+ * passive scanning cannot be started since that would require the host
+ * to be woken up to process the reports.
+ */
+ if (hdev->suspended && !filter_policy) {
+ /* Check if accept list is empty then there is no need to scan
+ * while suspended.
+ */
+ if (list_empty(&hdev->le_accept_list))
+ return 0;
+
+ /* If there are devices is the accept_list that means some
+ * devices could not be programmed which in non-suspended case
+ * means filter_policy needs to be set to 0x00 so the host needs
+ * to filter, but since this is treating suspended case we
+ * can ignore device needing host to filter to allow devices in
+ * the acceptlist to be able to wakeup the system.
+ */
+ filter_policy = 0x01;
+ }
+
/* When the controller is using random resolvable addresses and
* with that having LE privacy enabled, then controllers with
* Extended Scanner Filter Policies support can now enable support