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CA1: Motion to reconsider too late to show a dispute in the facts to get a suppression hearing

By John Wesley Hall, Jr.

A motion to reconsider is too late to present disputed material facts to get a suppression hearing. United States v. Allen, 2009 U.S. App. LEXIS 16248 (1st Cir. July 22, 2009): As we have noted, in ruling on appellant's original motion to suppress, the district court "considered as evidence only the statements made in the affidavits submitted by the parties." In the affidavit attached to his motion, Allen did not dispute the Government's version of events related to the search of the vehicle. The affidavit does not contradict the officer's direct statement that he was able to see the gun in the driver's side door of the Mercedes by simply leaning over the hood and shining his flashlight into the window. See Staula, 80 F.3d at 604 (noting that an evidentiary hearing was not required where appellant's affidavit contained no facts that contradicted a police officer's direct statements)...continue to full post

Full post as published by Fourth Amendment on July 27, 2009 (boomark / email).