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

The appellate court’s scope of review for a trial court’s decision to grant or deny a motion to suppress evidence is very narrow in Delaware. An appellate court reviewing a trial court’s decision to grant or deny a motion to suppress evidence does not review the facts and evidence presented at the trial. Rather, the appellate court evaluates whether the trial court made an error in applying the law. The appellate court reviews the trial court’s decision under the standard of “clearly erroneous” – meaning that the appellate court will affirm the trial court’s decision unless it finds that the trial court committed an error in applying the law, or unless the decision is unsupported by substantial evidence. The appellate court will not substitute its own judgment for the trial court’s, unless it finds an error in the trial court’s application of the law. Furthermore, no deference is given to the trial court’s decision regarding the motion to suppress evidence. This means that the appellate court will independently review the record of the trial court’s proceedings and determine whether the trial court applied the law correctly. The appellate court may affirm the trial court’s decision or remand the case for further review by the trial court.

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

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