{"id":2285,"date":"2008-08-31T21:12:44","date_gmt":"2008-07-22T08:48:30","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-07-22T08:48:30","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2285","title":{"rendered":"CA8: Right of confrontation does not apply at a suppression hearing"},"content":{"rendered":"

The right of confrontation does not apply at a suppression hearing. The officer that actually stopped the defendant was not called as a witness by the government, so hearsay was admissible about the cause of the stop. United States v. Thompson<\/a>, 533 F.3d 964 (8th Cir. 2008):<\/p>\n

Thompson also complains that the city officer who actually stopped the Oldsmobile was not present at the hearing and did not testify as to why the Oldsmobile was stopped. “[T]he right of confrontation does not apply to the same extent at pretrial suppression hearings as it does at trial. ‘[T]he interests at stake in a suppression hearing are of a lesser magnitude than those in the criminal trial itself.'” United States v. Boyce<\/em>, 797 F.2d 691, 693 (8th Cir. 1986) (quoting United States v. Raddatz<\/em><\/a>, 447 U.S. 667, 679 (1980)). Although not admissible at trial, the district court may rely on hearsay evidence at a suppression hearing. Id. Thus, the trial court did not err in relying on hearsay testimony as to the traffic violation that led to the traffic stop of the Oldsmobile. The city officer’s observation of the Oldsmobile committing a traffic violation established probable cause for the stop of the Oldsmobile. Therefore, the motion to suppress was properly denied.<\/p><\/blockquote>\n

Finding of the district court that the defendant was not detained by the police when the encounter started was not clearly erroneous. The situation escalated as the defendant’s words and conduct got more suspicious. United States v. Griffith<\/a>, 533 F.3d 979 (8th Cir. 2008).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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