What is the role of the Court of Appeal in determining the voluntariness of consent?

California, United States of America

The following excerpt is from People v. Gray, B241226 (Cal. App. 2014):

"Our role in reviewing the resolution of this issue is limited. The question of the voluntariness of the consent is to be determined in the first instance by the trier of fact; and in that stage of the process, '[t]he power to judge credibility of witnesses, resolve conflicts in testimony, weigh evidence and draw factual inferences, is vested in the trial court. On appeal all presumptions favor proper exercise of that power, and the trial court's findingswhether express or impliedmust be upheld if supported by substantial evidence.' [Citations.]" (People v. James (1977) 19 Cal.3d 99, 107.) Thus, where, as here, substantial evidence supports the trial court's credibility determination, we must accept it.

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