What is the test for holding an evidentiary hearing on a motion to suppress?
The following excerpt is from United States v. Gilmore, No. 2:13-cr-00300-GEB (E.D. Cal. 2015):
Further, notwithstanding the parties' joint conclusory request that an evidentiary hearing on the pending motions be scheduled, they have not shown on what precise factual issue or issues an evidentiary hearing is necessary. "An evidentiary hearing on a motion to suppress need be held only when [a party identifies a factual dispute] with sufficient definiteness, clarity, and specificity to enable the trial court to conclude that contested issues of fact exist[,]" which are material to decision on the motion. United States v. McTiernan, 695 F.3d 882, 891 (9th Cir. 2012) (internal quotation marks omitted) (quoting
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