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

California, United States of America


The following excerpt is from People v. Duncan, 160 Cal.App.4th 1014, 73 Cal.Rptr.3d 264 (Cal. App. 2008):

In reviewing the denial of a motion to suppress evidence, we use a two-tiered standard of review. First, we view the record favorably to the ruling and "defer to the trial court's factual findings, express or implied, where supported by substantial evidence." (People v. Glaser (1995) 11 Cal.4th 354, 362, 45 Cal.Rptr.2d 425, 902 P.2d 729.) We then exercise our independent review to determine "whether, on the facts so found, the search or seizure was reasonable under the Fourth Amendment[.]" (Ibid.)

2. Factual Findings

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