When reviewing a motion to suppress evidence, does the court have to accept the findings of the trial court?

California, United States of America

The following excerpt is from People v. Zepeda, 105 Cal.Rptr.2d 187, 87 Cal.App.4th 1183 (Cal. App. 2001):

Generally, when reviewing a motion to suppress evidence, "we must accept the trial court's resolution of disputed facts and its assessment of credibility [citation], but, the issue whether, under the facts found, a seizure or search was unreasonable is a question of law, as to which the appellate court is bound to exercise its independent judgment. [Citations.]" (People v. Valenzuela (1994) 28 Cal.App.4th 817, 823.)

Fourth Amendment

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

In reviewing an order denying a motion to suppress, does the court have any authority to review the fact finding of the trial court? (California, United States of America)

In reviewing a finding on a suppression motion, what are the implications of the trial court's ruling on the suppression motion? (California, United States of America)

When reviewing a motion to suppress evidence, how do we review the findings of the trial court? (California, United States of America)

In reviewing a motion to suppress evidence, does the court defer to the factual findings of the trial court? (California, United States of America)

In reviewing a motion to suppress, what is the effect of the trial court's finding on the motion? (California, United States of America)

Can a defendant appeal against a finding that a motion to suppress evidence was successful because the trial court did not retain the exhibits introduced during the combined preliminary hearing and hearing on the motion? (California, United States of America)

In reviewing a motion to suppress evidence, what is the effect of the trial court's ruling on the motion? (California, United States of America)

When reviewing a denial of a suppression motion on appeal, how do we review the findings of the trial court? (California, United States of America)

When reviewing a ruling on a motion to exclude evidence, how do we review the findings of the trial court? (California, United States of America)

When reviewing a challenge to a suppression ruling, how does the Court of Appeal review the factual findings of the trial court? (California, United States of America)

When reviewing a motion to suppress evidence, does the court have to accept the findings of the trial court?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources