Does an evidentiary hearing need to be held before a grand jury?

15 Evidentiary hearings are not required in absence of solid allegations that raise a genuine issue concerning the fact of surveillance. Cf. Nardone v. United States (1939) 308 U.S. 388, 60 S.Ct. 266, 84 L.Ed. 307.

16 "In any trial, hearing, or other proceeding in or before any . . . grand jury . . . of the United States

"(1) upon a claim by a party aggrieved that evidence is inadmissible because it is the primary product of an unlawful act or because it was obtained by the exploitation of an unlawful act, the opponent of the claim shall affirm or deny the occurrence of the alleged unlawful act. . . ."

Although the Government here objects to the witness' standing on statutory or Fourth Amendment grounds, it has in its brief conceded standing on Sixth Amendment grounds. Cf. Beverly v. United States (5th Cir. 1972) 468 F.2d 732, 750-751; In re Tierney (5th Cir. 1972) 465 F.2d 806, 812.