In reviewing a denial of suppression motion, what is the effect of the finding of reasonableness of the officer's conduct in denying suppression motion?

California, United States of America


The following excerpt is from People v. Conway, 222 Cal.App.3d 806, 271 Cal.Rptr. 832 (Cal. App. 1990):

In reviewing a denial of suppression motion, we are bound by all factual findings, express or implied, made by the trial court that are supported by substantial evidence. Where, as here, the evidence related to the detention is uncontested, the only issue to be decided is the reasonableness of the officer's conduct. On this issue, we exercise our independent judgment. (People v. Leyba (1981) 29 Cal.3d 591, 597, 174 Cal.Rptr. 867, 629 P.2d 961.)

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