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 Florida, the appellate court’s scope of review for a trial court’s decision to grant or deny a motion to suppress evidence is known as de novo review. This means that the appellate court will review the facts and evidence without any deference to the trial court’s findings and conclusions. It is important to note that the appellate court’s review will not be conducted as a trial de novo, meaning that the appellate court will not hear testimony or take evidence. Instead, the appellate court will simply review the facts and evidence that were before the trial court to decide whether or not the trial court’s decision to grant or deny the motion to suppress was correct. The appellate court will consider all of the evidence presented at the trial, including the evidence not presented to the trial court. It will take into account all of the legal arguments presented by the parties, and will scrutinize the trial court’s findings and conclusions. The appellate court will then make a decision based on whether or not it believes the trial court was correct in its ruling. The appellate court’s decision is not final - it may be appealed to the state’s Supreme Court depending on the outcome. It is important for attorneys to understand the appellate court’s scope of review when considering motions to suppress evidence, as this can be the difference between a conviction or dismissal of criminal charges.

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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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