In reviewing an order denying a motion to suppress, does the court have any authority to review the fact finding of the trial court?

California, United States of America


The following excerpt is from People v. Shields, 205 Cal.App.3d 1065, 252 Cal.Rptr. 849 (Cal. App. 1988):

In reviewing an order denying a motion to suppress, we defer to the fact finding of the trial court if there is substantial evidence to support it. (People v. Leyba, supra, 29 Cal.3d 591, 596-597, 174 Cal.Rptr. 867, 629 P.2d 961.) However, we are not bound by the substantial evidence standard in reviewing the trial court's decision whether or not a search or detention was reasonable; instead, it is " 'the ultimate responsibility of the appellate court to measure the facts, as found by the trier, against the constitutional standard of reasonableness.' " (Id., at p. 597, 174 Cal.Rptr. 867, 629 P.2d 961.)

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