How have courts reviewed findings of fact on a motion to suppress evidence for clear error?

MultiRegion, United States of America

The following excerpt is from United States v. Cacace, 796 F.3d 176 (2nd Cir. 2015):

7 We draw heavily from the district court's findings of fact based on evidence and testimony proffered at the Franks hearing. Gioeli does not appear to challenge the court's factual findings on appeal, and in any event, after thorough review of the record in this case we conclude that those findings are well-supported by the evidence and are not clearly erroneous. See United States v. Bershchansky, 788 F.3d 102, 108 (2d Cir.2015) (reviewing district court's findings of fact on a motion to suppress evidence for clear error).

7 We draw heavily from the district court's findings of fact based on evidence and testimony proffered at the Franks hearing. Gioeli does not appear to challenge the court's factual findings on appeal, and in any event, after thorough review of the record in this case we conclude that those findings are well-supported by the evidence and are not clearly erroneous. See United States v. Bershchansky, 788 F.3d 102, 108 (2d Cir.2015) (reviewing district court's findings of fact on a motion to suppress evidence for clear error).

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