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CA3: Generic motion to suppress didn't require a hearing

By John Wesley Hall, Jr.

Defendant's motion to suppress that mentioned constitutional violations without saying how his rights were violated could be resolved without a hearing. United States v. Tagliamonte, 2009 U.S. App. LEXIS 17805 (3d Cir. August 10, 2009) (unpublished): On appeal, Tagliamonte asserts, generally, that the "prior illegal entry ... tainted the search warrant," and that he is entitled to a hearing to "determin[e] the extent of the agents' actions during the illegal search and the extent of any evidence found." Appellant's Br. at 20-21. Tagliamonte, however, does not explain how or why the initial unlawful entry "tainted" the subsequent search warrant. He does not argue, for example, that the warrant affidavit contained information gleaned from the warrantless search, or that information procured through lawful means, and included in the affidavit, was insufficient to sustain the issuance of the warrant...continue to full post

Full post as published by Fourth Amendment on August 14, 2009 (boomark / email).