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

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

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

The Prolonged Detention

                        Defendant contends the court erred in denying his motion to suppress because his prolonged detention was unreasonable and constituted a de facto arrest without probable cause.  We agree the detention was unduly prolonged but conclude probable cause existed to support the de facto arrest.

                        “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.)