Is there an evidentiary hearing on a motion to suppress?
MultiRegion, United States of America
The following excerpt is from U.S. v. Ramirez, 983 F.2d 1079 (9th Cir. 1992):
"Whether an evidentiary hearing is appropriate rests in the reasoned discretion of the district court." United States v. Walczak, 783 F.2d 852, 857 (9th Cir.1986). "An 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 going to the validity of the search are in issue." Id.
A. Motion to Suppress
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