What is the current state of the law in the context of suppression hearings?

MultiRegion, United States of America

The following excerpt is from U.S. v. Johns, 891 F.2d 243 (9th Cir. 1989):

We uphold the district court's findings of fact during a suppression hearing unless they are clearly erroneous. United States v. Echegoyen, 799 F.2d 1271, 1277 (9th Cir.1986). We review de novo the mixed question of fact and law whether evidence deriving from an illegal search is sufficiently tainted to require suppression, because legal concepts must be applied and judgment exercised about the values that animate the Fourth Amendment. United States v. McConney, 728 F.2d 1195, 1200-01 (9th Cir.) (en banc), cert. denied, 469 U.S. 824, 105 S.Ct. 101, 83 L.Ed.2d 46 (1984); cf. United States v. Limatoc, 807 F.2d 792, 794 (9th Cir.1987) (the ultimate issue of the lawfulness of a search is reviewed de novo).

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