California, United States of America
The following excerpt is from People v. McGee, 266 Cal.Rptr.3d 650, 53 Cal.App.5th 796 (Cal. App. 2020):
Where a motion to suppress is submitted after the filing of an information, "the appellate court disregards the findings of the superior court and reviews the determination of the magistrate who ruled on the motion to suppress, drawing all presumptions in favor of the factual determinations of the magistrate, ... and measuring the facts as found by the trier against the constitutional standard of reasonableness." ( People v. Thompson (1990) 221 Cal.App.3d 923, 940, 270 Cal.Rptr. 863.) In so doing, we defer to the magistrate's
[266 Cal.Rptr.3d 653]
factual findings and, exercising our independent judgment, 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, 45 Cal.Rptr.2d 425, 902 P.2d 729.)
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