Bracken

Appellant Ron Paul Bracken was charged with a violation of Vehicle Code section 23152, subdivision (a) (driving under the influence) with an allegation that he refused to submit to a chemical test, in violation of Vehicle Code former section 23159. Prior to trial, appellant made a motion to suppress evidence. Following the denial of the motion, he pleaded nolo contendere.

Appellant contends that the trial court erred in finding that reasonable suspicion can be based on a single factor involving wholly lawful conduct.

Our standard of review concerning a motion to suppress was settled by the Supreme Court in People v. Leyba (1981) 29 Cal.3d 591 , 174 Cal.Rptr. 867 , 629 P.2d 961 . In Leyba , the high court explained an appellate court first finds the facts relating to the challenged search. Since Penal Code section 1538.5 vests this power in the trial court, "`[o]n 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. Leyba, supra, 29 Cal.3d at pp. 596-597, 174 Cal. Rptr. 867 , 629 P.2d 961 .) The second step of…