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

California, United States of America


The following excerpt is from People v. Pugh, B226838 (Cal. App. 2011):

Defendant contends that the trial court erred in denying his motion to suppress evidence. "'The standard of appellate review of a trial court's ruling on a motion to suppress 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. [Citations.]' [Citation.]" (People v. Weaver (2001) 26 Cal.4th 876, 924.) "[T]he 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. Lawler (1973) 9 Cal.3d 156, 160.)

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