What is the standard of review on a motion to suppress evidence?
The standard of review on a motion to suppress evidence in Nebraska appellate law is de novo review. This means that the reviewing court will make its own independent judgment on the matter, without deference to the original court’s decision. This type of review is more demanding than abuse of discretion review, which applies to many other types of cases. As such, the court must review the decision in light of the entire record, including any evidence and testimony presented at the suppression hearing. The court must then decide whether suppression of the evidence was appropriate, after considering the applicable law and the evidence presented. De novo review is used in Nebraska appellate law to ensure that the right to due process is upheld. By independently assessing the facts and evidence of the case, the reviewing court can ensure that the original court’s decision was correct, and no evidence or rights were unfairly denied. The ultimate goal of de novo review is to provide justice to all parties involved and to ensure that the evidence adduced in the case is properly used.
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