What is the role of the appellate court in determining whether or not to suppress evidence in an extraordinary writ of appeal?
California, United States of America
The following excerpt is from People v. Superior Court, 121 Cal.App.3d 395, 175 Cal.Rptr. 322 (Cal. App. 1981):
When the decision of the trial court to exercise its power to suppress evidence is challenged by an extraordinary writ, "it becomes the ultimate responsibility of the appellate court to measure the facts, as found by the trier, against the constitutional standard of reasonableness." (People v. Lawler (1973) 9 Cal.3d 156, 160, 107 Cal.Rptr. 13, 507 P.2d 621.)
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