What is the standard we apply in reviewing a denial of a motion to suppress?

California, United States of America


The following excerpt is from People v. Soto, F065248 (Cal. App. 2014):

The standard we apply in reviewing the denial of 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.]" (People v. Glaser (1995) 11 Cal.4th 354, 362.)

Other Questions


In reviewing a denial of a motion to suppress, what is the effect of the denial on the denial to suppress? (California, United States of America)
On appeal from a denial of a motion to suppress, what is the standard on appeal from the denial of the suppress motion? (California, United States of America)
In reviewing a denial of suppression motion, what is the effect of the finding of reasonableness of the officer's conduct in denying suppression motion? (California, United States of America)
In reviewing a denial of a motion to suppress evidence, what is the effect of the denial of suppress evidence? (California, United States of America)
What is the standard of review on appeal from a denial of a motion to suppress? (California, United States of America)
In reviewing a denial of a motion to suppress evidence, what is the test for suppression of evidence? (California, United States of America)
What is the standard of review applied to a motion to suppress a statement under Miranda? (California, United States of America)
On appeal from the denial of a motion for acquittal, does the reviewing court apply the same standard as the trial court? (California, United States of America)
When reviewing a motion for a new trial, does the appellate court apply the standard of "abuse of discretion" in denying the motion? (California, United States of America)
When reviewing a denial of a suppression motion on appeal, how do we review the findings of the trial court? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.