What is the test for rejecting or rejecting the testimony of a witness in a search warrant application?

California, United States of America


The following excerpt is from People v. Duncan, 160 Cal.App.4th 1014, 73 Cal.Rptr.3d 264 (Cal. App. 2008):

The trial court, not the reviewing court, "is vested with the power to judge the credibility of the witnesses, resolve any conflicts in the testimony, weigh the evidence and draw factual inferences in deciding whether a search is constitutionally unreasonable." (People v. Woods (1999) 21 Cal.4th 668, 673, 88 Cal.Rptr.2d 88, 981 P.2d 1019.) "The uncorroborated testimony of a single witness is sufficient to sustain a conviction, unless the testimony is physically impossible or inherently improbable." (People v. Scott (1978) 21 Cal.3d 284, 296, 145 Cal.Rptr. 876, 578 P.2d 123.) To reject the statements given by a witness whom the trial court has found credible, either they must be physically impossible or their falsity must be apparent without resorting to inferences or deductions. (People v. Mayberry (1975) 15 Cal.3d 143, 150, 125 Cal.Rptr. 745, 542 P.2d 1337.) When two or more inferences can reasonably be deduced from the facts as found, a reviewing court is without power to substitute its deductions for those of the trier of fact. (People v. Johnson (1980) 26 Cal.3d 557, 576-577, 162 Cal. Rptr. 431, 606 P.2d 738.)

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