What is abuse of a district court's refusal to hold an evidentiary hearing on a motion to suppress?
MultiRegion, United States of America
The following excerpt is from U.S. v. Smith, 48 F.3d 1229 (9th Cir. 1995):
We review for abuse of discretion the district court's refusal to hold an evidentiary hearing on a motion to suppress. United States v. Mejia, 953 F.2d 461, 465 (9th Cir.1991), cert. denied, 112 S.Ct. 1983 (1992). A hearing is required if the motion and supporting affidavits allege a specific factual dispute. United States v. Walczak, 783 F.2d 852, 857 (9th Cir.1986).
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