In reviewing a denial of a motion to suppress, what is the effect of the denial on the denial to suppress?
California, United States of America
The following excerpt is from People v. Hodges, C080018 (Cal. App. 2016):
In reviewing the denial of a motion to suppress, we defer to the trial court's factual findings, express or implied, when supported by substantial evidence. (People v. Tully (2012) 54 Cal.4th 952, 979.) We will uphold the trial court's factual findings as to
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recklessness or systemic error where supported by substantial evidence. (Herring, supra, 555 U.S. at p. 147, fn. 5; People v. Robinson (2010) 47 Cal.4th 1104, 1126.) But we independently determine, on the facts found, whether the search was reasonable under the Fourth Amendment. (Tully, at p. 979.)
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