What is the standard of review on a motion to suppress evidence?

When a court is presented with a motion to suppress evidence in an appellate court in Alaska, the standard of review used is known as de novo review. This means that the appellate court will conduct a completely independent review of the facts and make its own determination as to the outcome of the motion without deference to the decision of the lower court. In other words, the appellate court will not give any special preference to the ruling of the lower court. Instead, the appellate court will review the evidence and make its own determination. The de novo standard of review is consistently used in reviewing a motion to suppress evidence in appellate courts in Alaska. In addition, the court will also review any legal determinations made by the lower court. This is important because the lower court’s ruling may have been based upon different, incorrect or outdated interpretations of the law. Therefore, the appellate court will make sure to review all legal determinations and possibly overturn the ruling of the lower court if it finds that it was not in line with the current law. In conclusion, the standard of review on a motion to suppress evidence in an appellate court in Alaska is de novo review. This allows the appellate court to make its own independent determination of the facts and legal determinations related to the motion without giving any special deference to the lower court’s ruling.

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