What is the test for a suppression order under Rule 41(d) of Section 3731 of the Criminal Code?

MultiRegion, United States of America

The following excerpt is from US v. Gantt, 179 F.3d 782 (9th Cir. 1999):

2 Because we affirm the district court's suppression order on the basis of Rule 41(d) we do not consider the failure to specify the suspected criminal activity. We do repeat our frequent criticism of this practice. See United States v. McGrew, 122 F.3d 847, 849 n. 2 (9th Cir.1997) (citing United States v. Kow, 58 F.3d 423, 427 (9th Cir.1995) (collecting cases)).
3 For a detailed history of 3731, see United States v. Sisson, 399 U.S. 267, 293-98, 90 S.Ct. 2117, 26 L.Ed.2d 608 (1970); United States v. Carrillo-Bernal, 58 F.3d 1490, 1494-97 (10th Cir.1995).

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What is the test for a suppression order under Rule 41(d) of Section 3731 of the Criminal Code?

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