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W.D.N.Y.: Suppressed evidence not considered in detention hearing under 18 U.S.C. § 3142(g)

By John Wesley Hall, Jr.

Once the court suppresses evidence, it cannot be included in the determination of whether the defendant should continue to be detained on the weight of the evidence against the accused. United States v. Barner, 2010 U.S. Dist. LEXIS 112385 (W.D. N.Y. October 8, 2010): Some courts have held that evidence which is being suppressed for purposes of trial may nevertheless be considered in evaluating the “weight of the evidence” factor under § 3142(g). See Pina-Aboite, 97 Fed. Appx. 832, 2004 WL 1053235, *2 (“In a detention hearing, the district court is permitted to consider the evidence sought to be suppressed as if it were admissible”); United States v. Jay, 261 F.Supp.2d 1235, 1240 (D.Or. 2003) (“A court should have as much information as possible to evaluate properly whether a defendant poses any risk of danger to the community if released...continue to full post

Full post as published by Fourth Amendment on October 26, 2010 (boomark / email).