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

In Delaware, the standard of review for a motion to suppress evidence depends on the nature of the motion. If the motion is based on an alleged violation of the defendant’s constitutional rights, then the appellate court reviews the decisions of the lower court de novo (meaning it looks at it anew). This means that the court looks at the evidence with fresh eyes and instead of just affirming the lower court’s decision, it looks at the evidence to see if the lower court made an error. If the motion is based on a state-based rule of evidence, then the appellate court will review the lower court’s decision under an abuse of discretion standard. This means that it will look to see if the lower court acted within the limits of its discretion and acted reasonably. Both standards of review require that the appellate court determine whether the lower court had sufficient evidence to come to its conclusion. When looking at the evidence, the appellate court considers all of the evidence, including any facts that may be in dispute. The appellate court also considers the credibility of each witness and any inferences that can reasonably be drawn from the evidence. The appellate court may also consider other relevant factors such as the defendant’s rights and the interests of justice. If the appellate court finds that the lower court made a mistake in its determination it will reverse the lower court’s decision and remand the case back for further proceedings.

Related FAQs

What is the difference between an appeal and a writ of certiorari?
How do I cite to appellate court decisions?
What is the scope of review for a state Supreme Court’s decision?
What is the role of an appellate court in a criminal case?
What are the time limits for filing an appeal?
What is the appellate court’s scope of review for a jury’s factual findings?
What issues can be raised on appeal?
What is an interlocutory appeal?
What is the appellate court’s scope of review for a trial court’s decision to grant or deny a motion for summary judgment?
What is an appellate court’s ruling on a motion to dismiss?

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

Related FAQs

Related Blog Posts