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

California, United States of America


The following excerpt is from People v. Acosta, F062392 (Cal. App. 2013):

The standard of review to determine whether the trial court properly denied a motion to suppress evidence is well established. " 'We defer to the trial court's factual findings, express or implied, where supported by substantial evidence. In determining whether, on the facts so found, the search or seizure was reasonable under the Fourth Amendment, we exercise our independent judgment.' [Citation.]" (People v. Maury (2003) 30 Cal.4th 342, 384.) On review of a motion to suppress evidence, " 'the power to judge the credibility of the witnesses, resolve any conflicts in the testimony, weigh the evidence and draw factual inferences, is vested in the trial court.' " (People v. Manning (1973) 33 Cal.App.3d 586, 599.)

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