In a motion to suppress evidence, what is the effect of the denial of a motion by the Superior Court of Appeal?
California, United States of America
The following excerpt is from People v. Rich, E042095 (Cal. App. 2/8/2008), E042095 (Cal. App. 2008):
Review of the trial court's denial of a motion to suppress evidence presents a mixed question of law and fact. As to the trial court's factual findings underlying its decision, we uphold them when supported by substantial evidence. As to the legal conclusionhere, whether the detention was reasonable in scope under the Fourth Amendmentwe review the matter de novo. (People v. Alvarez (1996) 14 Cal.4th 155, 182.)
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