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

In California, the standard of review on a motion to suppress evidence is de novo. This means that the appellate court must review the trial court’s decision on the motion to suppress evidence as if the appellate court is the first court to decide the issue. The appellate court will review the trial court’s decision independently, without giving any deference to the trial court’s decision. In determining whether the motion to suppress evidence should be granted or denied, the appellate court will review the whole record below, including the evidence before the trial court. This evidence includes any evidence presented at the hearing on the motion to suppress evidence, as well as evidence that was available to the trial court. The appellate court will then make a determination as to whether the motion to suppress evidence should be granted or denied. The appellate court may also make its own independent evaluation of the evidence and the legal authorities, such as reviewing the facts and any applicable statutes, in making its decision. The appellate court will apply the law to the facts of the case and make a decision as to whether the evidence should be suppressed or permitted to be used. The appellate court will then issue an opinion based on its independent review.

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

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