On appeal from denial of a motion to suppress evidence on Fourth Amendment grounds, what is the legal effect of the testimony of a Deputy?
California, United States of America
The following excerpt is from People v. Andrews, E070032 (Cal. App. 2020):
On appeal from denial of a motion to suppress evidence on Fourth Amendment grounds, we review the historical facts as determined by the trial court for substantial evidence and apply the de novo standard of review in determining their consequences. (People v. Mateljan (2005) 129 Cal.App.4th 367, 373.) Because the only evidence offered at the time of hearing on the motion to suppress was the testimony of the deputy, we independently consider the legal effect of such testimony.
1. The Deputy's Actions Were Initially Justified as an Investigative Detention
"'[N]ot all seizures of the person must be justified by probable cause to arrest for a
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