What is the test for a motion to suppress evidence?

MultiRegion, United States of America

The following excerpt is from U.S. v. Fullwood, 86 F.3d 27 (2nd Cir. 1996):

Findings of fact by the district court are reviewed on appeal for clear error. See United States v. Cropper, 42 F.3d 755, 758 (2d Cir.1994). In reviewing rulings on motions to suppress, the evidence before the district court is viewed in the light most favorable to the government, United States v. Hernandez, 5 F.3d 628, 633 (2d Cir.1993), and factual findings of the court are to be disturbed only where they are clearly erroneous, id. at 632; United States v. Brown, 52 F.3d 415, 420 (2d Cir.1995), cert. denied, --- U.S. ----, 116 S.Ct. 754, 133 L.Ed.2d 701 (1996). We review questions of law de novo. United States v. Moore, 968 F.2d 216, 221 (2d Cir.), cert. denied, 506 U.S. 980, 113 S.Ct. 480, 121 L.Ed.2d 385 (1992).

A. October 29, 1993 statement

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