Motion to Suppress Section 1538.5

"It is settled that in ruling on a motion to suppress under section 1538.5 the superior court sits as a finder of fact with the power to judge credibility, resolve conflicts, weigh evidence, and draw inferences, and hence that on review of its ruling by appeal or writ all presumptions are drawn in favor of the factual determinations of the superior court and the appellate court must uphold the superior court's express or implied findings if they are supported by substantial evidence." ( People v. Laiwa (1983) 34 Cal. 3d 711, 718 195 Cal. Rptr. 503, 669 P.2d 1278.) The reviewing court then independently reviews the superior court's determination that no Fourth Amendment violation occurred in conducting the search. ( People v. Memro (1995) 11 Cal. 4th 786, 846 47 Cal. Rptr. 2d 219, 905 P.2d 1305; People v. Glaser (1995) 11 Cal. 4th 354, 362 45 Cal. Rptr. 2d 425, 902 P.2d 729.) If the search or seizure violated the Fourth Amendment, then the evidence seized as a result of that search must be excluded. ( Mapp v. Ohio (1961) 367 U.S. 643, 655 81 S. Ct. 1684, 1691-1692, 6 L. Ed. 2d 1081.)