On appeal from a ruling on a suppression motion, what is the effect of the finding on the suppression motion?
California, United States of America
The following excerpt is from People v. Ascencio, D066806 (Cal. App. 2015):
On appeal from a ruling on a suppression motion, we defer to the trial court's express and implied factual findings if they are supported by substantial evidence, and we exercise our independent judgment in determining whether, on the facts so found, the search and seizure was reasonable under the Fourth Amendment. (People v. Toure, supra, 232 Cal.App.4th at p. 1103.)
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