diff --git a/net/bluetooth/hci_sync.c b/net/bluetooth/hci_sync.c
index cd2ed16da8a4..a31d39a821f4 100644
--- a/net/bluetooth/hci_sync.c
+++ b/net/bluetooth/hci_sync.c
@@ -2976,6 +2976,27 @@ static int hci_passive_scan_sync(struct hci_dev *hdev)
 	 */
 	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