What is the test for appellate review of a motion to suppress?

California, United States of America


The following excerpt is from People v. Galvan, H033280 (Cal. App. 7/2/2009), H033280. (Cal. App. 2009):

"`"An appellate court's review of a trial court's ruling on a motion to suppress is governed by 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.] `The [trial] court's resolution of each of these inquiries is, of course, subject to appellate review.' [Citations.] [] The court's resolution of the first inquiry, which involves questions of fact, is reviewed under the deferential substantial-evidence standard. [Citations.] Its decision on the second, which is a pure question of law, is scrutinized under the standard of independent review. [Citations.] Finally, its ruling on the third, which is a mixed fact-law question that is however predominantly one of law, . . . is also subject to independent review."'" (People v. Ayala (2000) 23 Cal.4th 225, 255.)

Other Questions


After reviewing the record of a motion brought by appellant in the Superior Court of Appeal against the appellant, what is the appellant's request for an independent review of the record? (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)
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 finding on a suppression motion, what are the implications of the trial court's ruling on the suppression motion? (California, United States of America)
What is the standard of appellate review of a motion to suppress? (California, United States of America)
What is the standard of appellate review of a motion to suppress? (California, United States of America)
What is the standard of appellate review of a motion to suppress? (California, United States of America)
What is the standard of appellate review of a motion to suppress? (California, United States of America)
In a motion to dismiss one or both of appellant's prior strike convictions, can appellant appeal against the finding that the trial court abused its discretion in denying the motion? (California, United States of America)
Is an appeal moot when, through no fault of the appellant, an event occurs which makes it impossible for the reviewing court to provide any effective relief to the appellant even when ruling in the appellant's favor? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.