What is the standard of appeal review of a motion to suppress evidence?

California, United States of America


The following excerpt is from People v. MAYES, G042258, No. 07NF2268 (Cal. App. 2010):

"The standard of appellate review of a trial court's ruling on a motion to suppress evidence is well established." (People v. Glaser (1995) 11 Cal.4th 354, 362.) "'The 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 findings whether express or implied must be upheld if supported by substantial evidence.' [Citations.]" (People v. James (1977) 19 Cal.3d 99, 107.) "In determining whether, on the facts so found, the search or seizure was reasonable under the Fourth Amendment, we exercise our independent judgment. [Citations.]" (People v. Glaser, supra, 11 Cal.4th at p. 362.)

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