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

The standard of review relates to how much discretion a court has when making a decision about a motion to suppress evidence. In Washington, the standard of review for a motion to suppress evidence is an abuse of discretion. This means that the trial court (lower court) has a great deal of discretion when making decisions about a motion to suppress evidence. However, the appellate court (higher court) will review the trial court’s decision to determine if it was an abuse of discretion. An abuse of discretion occurs when the trial court’s decision is not supported by substantial evidence or when the court’s decision is clearly wrong. In making this determination, the appellate court will consider the evidence presented at the motion to suppress hearing as well as the reasoning given by the court in making its decision. In cases where the appellate court reviews a motion to suppress, the court will not substitute its own opinion if it finds the trial court’s decision to be reasonable. Rather, the appellate court will only overturn the decision if it finds it to be an abuse of discretion. Ultimately, the appellate court’s job is to ensure that the trial court has not acted unreasonably in making decisions about a motion to suppress. If the appellate court believes that the decision was an abuse of discretion, then it will reverse the trial court’s decision. This is the standard of review for a motion to suppress evidence in Washington.

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