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Standard of Review- Motion to Suppress Evidence
(People v. Gomez)

Standard of Review-Criminal Case-Motion to Suppress Evidence-Illegal Search
(People v. Gomez)

 “In reviewing the denial of [a motion to suppress evidence], we must view the record in the light most favorable to respondent [citation], uphold all express and implied factual findings of the trial court that are supported by substantial evidence, then independently apply the proper federal constitutional standards to those facts [citations].”  (People v. Valenzuela (1999) 74 Cal.App.4th 1202, 1206-1207.)  “‘[T]he 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 . . . .’  [Citations.]”  (In re Arturo D. (2002) 27 Cal.4th 60, 77.)   

PEOPLE v. GOMEZ, No G031026collective knowledge

 CRIMINAL LAW & PROCEDURE
PEOPLE v. GOMEZ, No G031026 (Cal. 4th App. Dist. April 06, 2004)
Because both the traffic stop and collective knowledge of the
investigating officers supplied probable cause not only to detain but to
arrest defendant, his Fourth Amendment rights were not violated by the
prolonged detention caused by the delay in requesting a K-9 unit.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/g031026.html

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/g031026.pdf

People v. Gomez (April 06 2004) CA4/3 G031026

Apr 06 2004

G031026 [PDF] [DOC]

P. v. Gomez 3/8/04 CA4/3

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