What is the test for a search and seizure of a vehicle by a superior court?

The superior court upheld the search on two bases--that appellant consented to it and that the vehicle was an instrumentality of the crime. On appeal, all presumptions favor a proper exercise of the superior court's power to judge credibility of witnesses, resolve conflicts in testimony, weigh evidence, and draw factual inferences. The trial court's findings, whether express or implied, must be upheld if they are supported by substantial evidence. (People v. Superior Court (Keithley) (1975) 13 Cal.3d 406, 410, 118 Cal.Rptr. 617, 530 P.2d 585.) "This rule, however, is not applicable in cases involving searches and seizures in which the facts bearing on the legality of the search are undisputed and establish as a matter of law that the evidence is or is not admissible. [Citations.]" (People v. Superior Court (Mahle) (1970) 3 Cal.App.3d 476, 488, 83 Cal.Rptr. 771.)

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