What is the test for a motion to suppress for abuse of abuse of power?

MultiRegion, United States of America

The following excerpt is from Center Art Galleries-Hawaii, Inc. v. U.S., 875 F.2d 747 (9th Cir. 1989):

The government contends the district court erred by not holding an evidentiary hearing on the good faith issue. We review a decision not to hold an evidentiary hearing on a motion to suppress for abuse of discretion. United States v. Walczak, 783 F.2d 852, 857 (9th Cir.1986); see also United States v. Batiste, 868 F.2d 1089, 1091-92 (9th Cir.1989). An evidentiary hearing is generally 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." Walczak, 783 F.2d at 857.

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