What is the standard of review on a motion to suppress evidence?
The standard of review for a motion to suppress evidence is governed by the Florida Supreme Court in Florida. Generally, when a motion to suppress evidence is made, the court is deciding whether the evidence was collected lawfully or whether it was obtained unlawfully through an unreasonable search or seizure. In Florida, the standard of review for a motion to suppress evidence is de novo, which means that the court reviews the evidence without giving deference to the ruling of the lower court. This means that the court will look at all the evidence and will make an independent decision regarding the motion. In addition to the de novo standard, the court also looks to the totality of the circumstances in determining whether the evidence collected was lawful. The court looks at all of the evidence presented and will determine whether the search or seizure was reasonable and lawful. Finally, the court must also consider any suppression motions that are made by the defense in determining the legality of the evidence. If the defense can present evidence that the evidence was obtained unlawfully, the court must take this into account when deciding whether to suppress the evidence. The standard of review on a motion to suppress evidence in Florida is a de novo standard, meaning that the court reviews all the evidence presented without giving deference to the lower court. In addition, the court will look to the totality of the circumstances to determine the lawfulness of the evidence and must also consider any suppression motions that the defense may present.
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