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E.D.Tex.: Gov't does not get to reopen every suppression hearing it loses

By John Wesley Hall, Jr.

Government's request to reopen suppression hearing after it lost is denied. The evidence presented at the hearing showed that defendant's detention became unreasonable. After the hearing, the government looked for more evidence to show that it was not unreasonable and found it, but the court cannot permit every party losing a suppression hearing to reopen. United States v. Banks, 2009 U.S. Dist. LEXIS 56076 (E.D. Tex. March 6, 2009): Although the Defendant normally bears the burden of proving by a preponderance of the evidence that a challenged search was unconstitutional, the Government bears the burden of proving that the search was valid where, as here, a police officer acts without a warrant. United States v. Waldrop, 404 F.3d 365, 368 (5th Cir...continue to full post

Full post as published by Fourth Amendment on July 04, 2009 (boomark / email).