What is the test for a motion to suppress?

California, United States of America


The following excerpt is from People v. Stafford, H036350 (Cal. App. 2012):

"When, as here, a magistrate rules on a motion to suppress under Penal Code section 1538.5 raised at the preliminary examination, he or she sits as the finder of fact with the power to judge credibility, resolve conflicts, weigh evidence, and draw inferences." (People v. Shafrir (2010) 183 Cal.App.4th 1238, 1244 (Shafrir).) " ' "An appellate court's review of a trial court's ruling on a motion to suppress is governed by

Page 10

well-settled principles. [Citations.] [] In ruling on such a motion, the trial court (1) finds the historical facts, (2) selects the applicable rule of law, and (3) applies the latter to the former to determine whether the rule of law as applied to the established facts is or is not violated. [Citations.]" ' " (People v. Ayala (2000) 23 Cal.4th 225, 255.) "Accordingly, 'we review the trial court's findings of historical fact under the deferential substantial evidence standard, but decide the ultimate constitutional question independently. [Citations.]' [Citation.] We must accept factual inferences in favor of the trial court's ruling. [Citation.] If there is conflicting testimony, we must accept the trial court's resolution of disputed facts and inferences, its evaluations of credibility, and the version of events most favorable to the People, to the extent the record supports them. [Citations.]" (People v. Zamudio (2008) 43 Cal.4th 327, 342.) "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; see also Shafrir, supra, at p. 1245.)

Other Questions


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)
Is a motion to suppress a motion where a judge denied the motion prejudicial? (California, United States of America)
In reviewing a finding on a suppression motion, what are the implications of the trial court's ruling on the suppression motion? (California, United States of America)
When reviewing a motion to suppress, what is the test for determining whether a motion can be suppressed? (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)
On appeal from a ruling on a suppression motion, what is the effect of the finding on the suppression motion? (California, United States of America)
What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (California, United States of America)
How has the trial court treated a motion to suppress a motion by a public defender appointed to represent defendant? (California, United States of America)
What is the evidence presented in the suppression hearing on the suppression motion? (California, United States of America)
What is the test for a motion to suppress or suppress testimony in a criminal case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.