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W.D.Ky.: Gant likely made SI as to one defendant invalid, but not as to the other defendant, and that was enough for both

By John Wesley Hall, Jr.

Where two people were in the car and the search incident as to one was a close case under Gant, it wasn't as to the other defendant, so that person's search incident supported finding the evidence as to both. United States v. Stone, 2009 U.S. Dist. LEXIS 69396 (W.D. Ky. August 7, 2009). Defendant's failure to controvert the police version of a search in his papers does not get him an evidentiary hearing. United States v. Kennedy, 2009 U.S. Dist. LEXIS 69665 (D. Conn. August 10, 2009)*: "[A]n evidentiary hearing on a motion to suppress ordinarily is required if the moving papers are sufficiently definite, specific, detailed, and nonconjectural to enable the court to conclude that contested issues of fact ... are in question." United States v...continue to full post

Full post as published by Fourth Amendment on August 13, 2009 (boomark / email).