Burnett
People v. Burnett
Opinion
Opinion
Files, J.
The sole issue to be discussed is the legality of the detention and search which followed the stop of a vehicle on the public street for a traffic violation. We have concluded that under the circumstances shown by the record here, the detention and search were lawful, and the trial court correctly refused to suppress the evidence obtained thereby.
Following the trial court’s decision denying in part the motion to suppress evidence, appellant pleaded guilty to the offense of receiving stolen property (Pen. Code, § 496), and, pursuant to Penal Code section 1538.5, subdivision (m), brought this appeal to test that ruling.
A proceeding under section 1538.5 to suppress evidence is one in which “the power to judge the credibility of the witnesses, resolve any conflicts in the testimony, weigh the evidence and draw factual inferences, is vested in the trial court. On appeal all presumptions favor the exercise of that power, and the trial court’s findings on such matters, whether express or implied, must be upheld if they are supported by substantial evidence....” (People v. Lawler (1973) 9 Cal.3d 156, 160 [ 107 Cal.Rptr. 13 , 507 P.2d 621 ].) Viewed in conformity with these…