Arter
People v. Arter
Opinion
lead Opinion
Defendant filed an opening brief.
The People filed a respondent's brief.
Defendant filed a reply brief.
*5 DISCUSSION
A. Standard of review applicable to motions to suppress.
"[The] standard of review on appeal from the denial of a motion to suppress is well established. We defer to the trial court's factual findings where supported by substantial evidence, but we must exercise our independent judgment to determine whether, on the facts found, the search and seizure was reasonable under the Fourth Amendment standards of reasonableness. [Citation.]" ( *187 People v. Avila (1997) 58 Cal.App.4th 1069 , 1073-74, 68 Cal.Rptr.2d 432 .)
In People v. Leyba (1981) 29 Cal.3d 591 , 596-98, 174 Cal.Rptr. 867 , 629 P.2d 961 , the California Supreme Court elaborated on the standard:
An appellate court implies "all findings necessary to support the judgment, and [its] review is limited to whether there is substantial evidence in the record to support these implied findings." ( *6 People v. Francis (2002) 98 Cal.App.4th 873 , 878, 120 Cal.Rptr.2d 90 .) The doctrine of implied findings requires the appellate court to infer the trial court made all factual findings necessary to support the…