What is the appellate court’s scope of review for a trial court’s decision to grant or deny a motion to suppress evidence?

In Colorado, the Appellate Court’s scope of review for a trial court’s decision to grant or deny a motion to suppress evidence is limited. The Appellate Court is limited to determining whether the trial court correctly applied the law and whether its decision was supported by the evidence. The Court will not re-weigh the evidence or substitute its judgment for that of the trial court. The Appellate Court is bound to consider issues raised on appeal by the parties, but it is not required to review or discuss all evidence presented in the trial court. It is also not required to address all arguments presented by the parties. The Court will review and consider only the issues and arguments that are necessary to resolve the case. When reviewing motions to suppress evidence, the Appellate Court will review the trial court’s decision to determine whether the trial court correctly applied the law. The Court will also review the evidence presented at the trial to determine if the trial court’s decision was supported by the evidence. If the decision was not supported by the evidence, the Appellate Court may reverse the trial court’s ruling and remand the case for further proceedings. Overall, the Appellate Court’s scope of review for a motion to suppress evidence is limited in Colorado. The Court will not re-weigh the evidence but it will review the trial court’s order and the evidence presented to determine if the trial court correctly applied the law and if its decision was supported by the evidence.

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