California, United States of America
The following excerpt is from People v. Michael E., 178 Cal.Rptr.3d 467, 230 Cal.App.4th 261 (Cal. App. 2014):
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 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 facts-law question that is however predominantly one of law, viz ., the reasonableness of the challenged police conduct, is also subject to independent review. [Citations.] The reason is plain: it is "the ultimate responsibility of the appellate court to measure the facts, as found by the trier, against the constitutional standard of reasonableness." " ( People v. Williams (1988) 45 Cal.3d 1268, 1301, 248 Cal.Rptr. 834, 756 P.2d 221, abrogated on another ground in
[230 Cal.App.4th 268]
People v. Guiuan (1998) 18 Cal.4th 558, 560561, 76 Cal.Rptr.2d 239, 957 P.2d 928, quoting People v. Loewen (1983) 35 Cal.3d 117, 123, 196 Cal.Rptr. 846, 672 P.2d 436.)
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