The following excerpt is from United States v. Nyenekor, 15- 1271 (L), 16- 394 (Con) (2nd Cir. 2019):
We review de novo a district court's legal conclusions in a decision on a motion to suppress evidence and review its findings of fact for clear error. United States v. Bershchansky, 788 F.3d 102, 108 (2d Cir. 2015). We review de novo mixed questions of law and fact. Id. Here, the district court properly denied the motion, reasoning that the application did not falsely state the Newburgh police officers had recorded the controlled purchases; the application stated only that the police had monitored them and no recordings could be expected.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.