What is the standard for appellate review of a motion to suppress pursuant to section 1538.5?

California, United States of America


The following excerpt is from People v. Miller, C076487 (Cal. App. 2017):

" 'The standards for appellate review of the trial court's determination on a motion to suppress pursuant to section 1538.5 are well settled. The trial court's factual determinations are reviewed under the deferential substantial evidence standard; its determination of the applicable rule of law is scrutinized under the standard of independent review. [Citation.] We independently assess as a question of law whether, under such facts as found by the trial court, the challenged action by the police was constitutional. [Citation.]' " (People v. Lindsey (2007) 148 Cal.App.4th 1390, 1395.)

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