What is the standard of review of a search warrant application?

California, United States of America


The following excerpt is from People v. Gorostiza, F056096 (Cal. App. 11/30/2009), F056096. (Cal. App. 2009):

"On appeal from the denial of a motion to suppress [citation], our standard of review is settled. We defer to the trial court's express or implied factual findings if supported by substantial evidence, but independently apply constitutional principles to the trial court's factual findings in determining the legality of the search. [Citations.] Appellate review `is confined to the correctness or incorrectness of the trial court's ruling, not the reasons for its ruling.'" (People v. Baker (2008) 164 Cal.App.4th 1152, 1156.)

Other Questions


When reviewing a motion to suppress a search warrant application, what is the test to suppress the search warrant? (California, United States of America)
Does the exclusionary rule apply when an officer acting with objective good faith has obtained a search warrant for the search warrant under the Golden Gate Drive search warrant? (California, United States of America)
Does the affidavit supporting a search warrant invalidate the search warrant for a home searched for a stolen gun after the original warrant was issued? (California, United States of America)
In a search warrant application, what is the test for determining whether a search can be conducted in search warrants? (California, United States of America)
Does the search warrant for "any vehicles" provision in the first warrant for a search warrant apply to a vehicle search? (California, United States of America)
If a search warrant authorizes a search, can the warrant authorizations to search the bag be added to the warrant? (California, United States of America)
Does the search in the search warrant form part of a search warrant? (California, United States of America)
What is the applicable standard of review for an application of the independent review test? (California, United States of America)
If a search warrant was obtained during a search and seizure of a shotgun, would the search warrant be invalid as fruit of the poisonous tree? (California, United States of America)
When reviewing a motion to suppress a search warrant application, what is the test for determining whether the search or seizure was reasonable? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.