California, United States of America
The following excerpt is from People v. Hicks, C060383 (Cal. App. 12/17/2009), C060383 (Cal. App. 2009):
"The standards for appellate review of the trial court's determination on a motion to suppress pursuant to section 1538.5 are well settled. The trial court's factual determinations are reviewed under the deferential substantial evidence standard; its determination of the applicable rule of law is scrutinized under the standard of independent review. [Citation.] We independently assess as a question of law whether, under such facts as found by the trial court, the challenged action by the police was constitutional. [Citation.]" (People v. Coulombe (2000) 86 Cal.App.4th 52, 55-56.)
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