What is the standard of review applied to a motion to suppress a statement under Miranda?

California, United States of America


The following excerpt is from People v. Cabrera, B292040 (Cal. App. 2019):

p. 104.) "An appellate court applies the independent or de novo standard of review, which by its nature is nondeferential, to a trial court's granting or denial of a motion to suppress a statement under Miranda insofar as the trial court's underlying decision entails a measurement of the facts against the law. [Citations.]" (People v. Waidla (2000) 22 Cal.4th 690, 730.) "We accept factual inferences in favor of the judgment or order below, even when we must independently review the legal conclusion the trial court has drawn. [Citations.]" (People v. Stansbury (1995) 9 Cal.4th 824, 831.)

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