The following excerpt is from United States v. Ferrer, No. 17-2303 (2nd Cir. 2019):
contested issues of fact going to the validity of the search are in question" (quoting United States v. Licavoli, 604 F.2d 613, 621 (9th Cir. 1979))). Thus, any Sixth Amendment violation at the suppression hearing was entirely harmless, because under these circumstances, no evidentiary hearing was required at all.
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