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DE: Conclusory motion to suppress denied without a response required

By John Wesley Hall, Jr.

A motion to suppress with no facts, no law, and only a conclusion is denied without a hearing or even a response from the state. State v. Small, 2010 Del. Super. LEXIS 221 (May 27, 2010): The Court is in receipt of Defendant's motion to suppress evidence filed on May 14, 2010, which reads in its entirety: MOTION TO SUPPRESS EVIDENCE COMES NOW the defendant, above, by and through counsel, Joe Hurley, who moves to suppress all evidence found as a result of the defendant's vehicle, and in support of such application, maintains that the defendant did not give consent to search his vehicle and, therefore, the putative consent cannot form the basis of validating the otherwise unlawful search of his vehicle. WHEREFORE, the defendant moves to suppress the evidence...continue to full post

Full post as published by Fourth Amendment on June 05, 2010 (boomark / email).