{"id":10355,"date":"2014-02-08T14:10:20","date_gmt":"2014-02-09T01:00:16","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2014-02-08T12:29:51","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=10355","title":{"rendered":"CA9: General motion to suppress filed; government responded with facts; no contradiction; no hearing required"},"content":{"rendered":"

Defendant filed a boilerplate motion to suppress and the government replied with facts, and defendant didn\u2019t respond. The motion could be denied without a hearing relying on the government\u2019s uncontested facts. United States v. Kyle<\/a>, 2014 U.S. App. LEXIS 2383 (9th Cir. February 7, 2014):<\/p>\n

<\/p>\n

Kyle contends that the district court erred because it did not hold an evidentiary hearing and instead relied solely on the government’s statement of facts in its response to Kyle’s motion. The district court’s decision as to the necessity of an evidentiary hearing on a motion to suppress is reviewed for an abuse of discretion. United States v. Howell, 231 F.3d 615, 620 (9th Cir. 2000).<\/p>\n

The district court did not abuse its discretion here. Although Kyle requested an evidentiary hearing, he never once offered a contrary version of the facts put forth by the government, much less one with a “sufficient definiteness, clarity, and specificity to enable the trial court to conclude that contested issues of fact exist.” Id. And throughout Kyle’s appeal \u2013 including at oral argument \u2013 Kyle’s counsel confirmed that Kyle had no contrary version of the facts or any additional facts to offer. Rather, his argument was that the facts as proffered by the government did not as a matter of law establish reasonable suspicion to search his home. This is an insufficient basis for an evidentiary hearing. Id. at 621(“‘A hearing will not be held on a defendant’s pre-trial motion to suppress merely because a defendant wants one. Rather, the defendant must demonstrate that a “significant disputed factual issue” exists such that a hearing is required.'”) (quoting United States v. Harris, 914 F.2d 927, 933 (7th Cir. 1990) with a citation omitted). Because Kyle “identified no facts which, if proved, would allow the court” to grant his suppression motion, the district court did not abuse its discretion in declining to conduct an evidentiary hearing. Howell, 231 F.3d at 621(noting that “a boilerplate motion that relied wholly on the fact that the government has the burden of proof” does not mandate an evidentiary hearing).<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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