In a motion to suppress, does the court have to consider the evidence in the light most favorable to the prevailing party?

Though we have previously expressed some doubt about whether, in conducting our review, we "view the evidence in the light most favorable to the prevailing party [on the motion to suppress] or . . . simply review for clear error," United States v. Bershchansky, 788 F.3d 102, 110 (2d Cir. 2015), we clarify here that, in reviewing the district court's decision, we apply familiar standards governing clear error review, without viewing the evidence in either party's favor. In addition to carrying with it the advantage of invoking already-familiar standards of review, this approach is also the one most consistent with precedent.

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