Motion to Suppress Evidence Appeal Cases In Nebraska

A trial court's ruling on a motion to suppress is to be upheld on appeal unless its findings of fact are clearly erroneous. In determining whether a trial court's findings on a motion to suppress are clearly erroneous, an appellate court does not reweigh the evidence or resolve conflicts in the evidence, but, rather, recognizes the trial court as the finder of fact and takes into consideration that it observed the witnesses. State v. Osborn, 250 Neb. 57, 547 N.W.2d 139 (1996); State v. Dyer, 245 Neb. 385, 513 N.W.2d 316 (1994). See, also, State v. Dean, 246 Neb. 869, 523 N.W.2d 681 (1994), cert. denied 515 U.S. 1123, 115 S. Ct. 2279, 132 L. Ed. 2d 282 (1995), overruled on other grounds, State v. Burlison, 255 Neb. 190, 583 N.W.2d 31 (1998); State v. Ranson, 245 Neb. 71, 511 N.W.2d 97 (1994).