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Motion to suppress without showing a factual or legal basis can be denied without a hearing

By John Wesley Hall, Jr.

Defense counsel is obligated to provide a legal and factual basis for a suppression motion. While this on is considered on the merits, the court will not do it in the future. Defendant's statements when he saw the police ("Oh, shit. It's 5-0. Fuck! It's 5-0," [after altercation with officer: "[g]o get the gun. We'll handle this") provided exigent circumstances for an entry for officer safety. United States v. Edwards, 2008 U.S. Dist. LEXIS 49192 (D. Minn. June 13, 2008): Thus, as to those motions to suppress that defendant failed to produce evidence and argument to support the motion, this Court recommends denying those motions on that basis alone. However, in an abundance of caution, but with no understanding of the basis for each such motion, this Court has gone ahead and addressed the merits of that motion...continue to full post

Full post as published by Fourth Amendment on July 02, 2008 (boomark / email).