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. Anderson, B276741 (Cal. App. 2017):

"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.] As for each of the subordinate determinations, it employs the test appropriate thereto. That is to say, it examines independently the resolution of a pure question of law; it scrutinizes for substantial evidence the resolution of a pure question of fact; it examines independently the resolution of a mixed question of law and fact that is predominantly legal; and it scrutinizes for substantial evidence the resolution of a mixed question of law and fact that is predominantly factual." (People v. Waidla (2000) 22 Cal.4th 690, 730.)

Other Questions


What is the standard of review applied to a motion to suppress a statement under Miranda? (California, United States of America)
What is the standard of review for a motion to suppress a statement under Miranda? (California, United States of America)
What is the standard of review for a motion to suppress a statement under Miranda? (California, United States of America)
What is the standard of review for a motion to suppress a statement under Miranda? (California, United States of America)
What is the standard of review for a motion to suppress a statement under Miranda? (California, United States of America)
In reviewing a finding on a suppression motion, what are the implications of the trial court's ruling on the suppression motion? (California, United States of America)
When reviewing a motion for a new trial, does the appellate court apply the standard of "abuse of discretion" in denying the motion? (California, United States of America)
What is the standard of review for a motion to suppress or exclude under the Miranda? (California, United States of America)
In reviewing a denial of suppression motion, what is the effect of the finding of reasonableness of the officer's conduct in denying suppression motion? (California, United States of America)
When reviewing a motion to suppress, what is the test for determining whether a motion can be suppressed? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.