{"id":5148,"date":"2011-02-02T09:35:40","date_gmt":"2011-02-02T09:35:40","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-02-02T09:35:40","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=5148","title":{"rendered":"N.D.Ga.: Motion to reopen suppression hearing denied; no showing of necessity or that outcome would be different"},"content":{"rendered":"

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\u2019t clear they would change the outcome. There was also no showing of why the witnesses weren\u2019t called in the first place. United States v. Diaz, 2010 U.S. Dist. LEXIS 140776 (N.D. Ga. December 30, 2010).<\/p>\n

Defendant\u2019s 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.S. Dist. LEXIS 8888 (S.D. N.Y. January 26, 2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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