Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

N.D.Ga.: Motion to reopen suppression hearing denied; no showing of necessity or that outcome would be different

By John Wesley Hall, Jr.

The court has the discretion to reopen a suppression hearing, and here it rules against the defendant. There was a claim that two additional witnesses would help, but there was no affidavits from them and it isn’t clear they would change the outcome. There was also no showing of why the witnesses weren’t called in the first place. United States v. Diaz, 2010 U.S. Dist. LEXIS 140776 (N.D. Ga. December 30, 2010). Defendant’s motion to suppress showed a sufficient contention for a hearing on the scope of the search under his consent, but not on whether consent was valid in the first place. He signed a consent form that permitted a search for a gun, and he does not seem to dispute that it was by consent. United States v. Jimenez, 2011 U...continue to full post

Full post as published by Fourth Amendment on February 02, 2011 (boomark / email).