In reviewing a denial of a motion to suppress evidence, what is the effect of the denial of suppress evidence?
California, United States of America
The following excerpt is from People v. Whiten, C052401 (Cal. App. 9/7/2007), C052401 (Cal. App. 2007):
In reviewing the denial of a motion to suppress evidence, we defer to the trial court's express and implicit factual findings that are supported by substantial evidence, but we exercise our independent judgment in determining whether, based on these factual findings, the search or seizure was reasonable under the Fourth Amendment to the United States Constitution. (People v. Glaser (1995) 11 Cal.4th 354, 362.)
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