{"id":6113,"date":"2012-05-28T21:23:42","date_gmt":"2011-10-06T05:41:00","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-10-06T05:41:00","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=6113","title":{"rendered":"D.Mass.: Motion to suppress denied without a hearing for failure to show a factual dispute"},"content":{"rendered":"<p>Defendant\u2019s stop for swerving was valid, and she consented to a search of the car producing over 1.9 kg of heroin. Her motion to suppress is denied without a hearing for failure to provide a factual dispute. United States v. Santiago, 826 F. Supp. 2d 337 (D. Mass. 2011)*:<\/p>\n<blockquote><p>In this case, an evidentiary hearing is unnecessary. Ortiz&#8217;s motion to suppress contains a plethora of search and seizure law, but only a scintilla applicable to the instant case. Moreover, her affidavit in support of her motion to suppress is full of high-sounding legal conclusions, such as \u201cthe stop of my motor vehicle was made without reasonable suspicion or probable cause\u201d and \u201cI was questioned in a custodial setting,\u201d but is devoid of any detailed factual basis to support those conclusions. Ortiz does allege that she \u201cdid not voluntarily consent to [a] search of my vehicle,\u201d but, consistent with the rest of her affidavit, she fails to submit a credible alternative narrative of events and makes no offer of proof that might support her allegation.<\/p><\/blockquote>\n<p>The vehicle was stopped for not being registered, and the inventory thereafter was valid because it couldn\u2019t be driven away. <a href=\"http:\/\/www.ca11.uscourts.gov\/unpub\/ops\/201110095.pdf\">United States v. Glover<\/a>, 441 Fed. Appx. 748 (11th Cir. 2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=6113\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-6113","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6113","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=6113"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6113\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6113"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6113"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6113"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}