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Conslusory motion to suppress is denied without a hearing

By John Wesley Hall, Jr.

The Western District of Texas at El Paso rejected a conclusory motion to suppress without granting a hearing. No facts were alleged on which a Fourth Amendment violation could be based. United States v. Alvarez, 2008 U.S. Dist. LEXIS 31500 (W.D. Tex. April 7, 2008)*: The Court finds that Defendant fails to allege facts sufficient to justify an evidentiary hearing. He only offers conclusory allegations that the law enforcement officers' actions were illegal and violated his Fourth Amendment rights. Defendant does not provide any facts to support his allegations, and certainly does not set forth specific or detailed factual allegations warranting an evidentiary hearing. See, e.g., United States v. Dean, 100 F.3d 19, 21 (5th Cir. 1996) (affirming denial of evidentiary hearing on motion for return of seized funds where the defendant alleged that funds were improperly seized, but provided no facts to support the claim); United States v...continue to full post

Full post as published by Fourth Amendment on April 20, 2008 (boomark / email).