California, United States of America
The following excerpt is from Hershner v. Dep't of Motor Vehicles, H044286 (Cal. App. 2019):
Under the Fourth Amendment to the United States Constitution, reasonable suspicion for a traffic stop exists if the detaining officer can "point to specific articulable facts that, considered in light of the totality of the circumstances, provide some objective manifestation that the person detained may be involved in criminal activity." (People v. Souza (1994) 9 Cal.4th 224, 231 (Souza).) When deciding a petition for writ of mandate challenging an administrative license suspension, the trial court is "required to determine, based on its independent judgment, ' "whether the weight of the evidence supported the administrative decision." ' " (Lake, supra, 16 Cal.4th at p. 456.) On appeal from the trial court's decision, we review the record to determine whether the trial court's factual findings are supported by substantial evidence. (Ibid.) We review de novo the trial court's resolution of questions of law, including whether reasonable suspicion supported the traffic stop. (Arburn v. Department of Motor Vehicles (2007) 151 Cal.App.4th 1480, 1484.)
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