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California
Law Dictionary
Standard of Review-Suppression Motion
(People v. Wells)

Standard of Review Criminal Law Trial Court’s Ruling on a Suppression Motion
(People v. Wells)

Reasonable Suspicion to Detain

(A) Facts

On February 14, 2003, at 1:43 a.m., California Highway Patrol traffic officer Julian Irigoyen was engaged in traffic enforcement on Highway 99 in Kern County north of Bakersfield. He received a dispatch report of a possible under-the-influence driver “weaving all over the roadway.” The offending vehicle was described as an ‘80s model blue van northbound on Highway 99 at Airport Drive. Officer Irigoyen was traveling southbound three to four miles north of that location. There was only one off and on ramp between his position and the location of the van. Upon receiving the dispatch, he positioned himself on the shoulder of northbound Highway 99 and watched for the described vehicle. Two or three minutes later, when he saw a blue van he activated his patrol car lights and stopped it to investigate whether the driver was impaired. The van, which was traveling approximately 50 miles per hour, did not weave, speed, or otherwise violate any traffic laws in his presence. Appellant was the driver of the van.

At the suppression hearing, defense counsel argued that the evidence should be suppressed because although the officer had reasonable suspicion, he lacked probable cause to stop the van. The court denied the motion. It found the officer had adequate grounds to stop the vehicle based on the sufficiently distinct description of the van coupled with its traveling direction and position a short time later.

(B) Standard of review

In reviewing the trial court’s ruling on a suppression motion, we uphold any factual finding, express or implied, that is supported by substantial evidence, but we independently assess, as a matter of law, whether the challenged search or seizure conforms to constitutional standards of reasonableness. (People v. Hughes (2002) 27 Cal.4th 287, 327.)

People v. Wells-F043125-9/10/04 CA5

Sep 10 2004

F043125
[PDF] [DOC]

P. v . Wells 9/10/04 CA5

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