What is the test for a motion to suppress?

California, United States of America


The following excerpt is from People v. North, 111 Cal.App.3d 694, 168 Cal.Rptr. 775 (Cal. App. 1980):

Like any trial court judgment or appealable order, a ruling on a motion to suppress is entitled on appeal to an initial presumption of validity. Subject to its power to identify and to resolve questions of law in the process of reviewing the record, this court must accept the uncontested evidence and all rational inferences expressly drawn by the trial court, presume that the trial court drew all other inferences consistent with its order which are supported by the evidence, and then assess the legal effect of the evidence and inferences thus compiled. (People v. Lawler (1973) 9 Cal.3d 156, 160, 107 Cal.Rptr. 13, 507 P.2d 621.)

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