What is the standard of review for a search and seizure under the Fourth Amendment?

California, United States of America


The following excerpt is from In re Devonte M., A124604 (Cal. App. 1/29/2010), A124604. (Cal. App. 2010):

The standard of review we apply is settled. We defer to the trial court's express or implied factual findings when they are supported by substantial evidence. We then exercise our independent judgment to determine whether, on the facts so found, the search or seizure was reasonable under the Fourth Amendment. (People v. Glaser (1995) 11 Cal.4th 354, 362.)

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