In reviewing the denial of a motion to suppress following an evidentiary hearing, will the finding be erroneous?

MultiRegion, United States of America

The following excerpt is from U.S. v. Hernandez, 85 F.3d 1023 (2nd Cir. 1996):

In reviewing the denial of a motion to suppress following an evidentiary hearing, we will uphold the district court's factual findings unless they are clearly erroneous. See United States v. Hernandez, 5 F.3d 628, 632 (2d Cir.1993). We view the evidence presented at the hearing in the light most favorable to the government. See id. at 633. We review de novo the district court's ultimate legal determinations. Ornelas v. United States, --- U.S ----,---- - ----, 116 S.Ct. 1657, 1662-63, 134 L.Ed.2d 911 (1996).

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