\u201cA hearing is not warranted here to determine the circumstances surrounding whether defendant voluntarily consented to the search. As with his motion to suppress his statements, defendant does not include his own affidavit as to the facts alleged surrounding the voluntariness of the consent to search.\u201d United States v. Weishan, 2016 U.S. Dist. LEXIS 1077 (W.D.N.Y. Jan. 6, 2016).<\/p>\n
Defendant\u2019s noting the minor inconsistencies in the officer\u2019s testimony did not justify overruling the USMJ\u2019s credibility determination. Defendant let the officers into his hotel room. The firearm on the nightstand did not require one officer alone and the other to leave to get a consent form from the car. United States v. Green, 2016 U.S. Dist. LEXIS 90 (W.D.Tenn. Jan. 4, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"
\u201cA hearing is not warranted here to determine the circumstances surrounding whether defendant voluntarily consented to the search. As with his motion to suppress his statements, defendant does not include his own affidavit as to the facts alleged surrounding the … Continue reading