The Goverment Reponse on motion to suppress puts a big hurt on the Scruggs motion to suppress, depending on who has the law right. The government argues that Scruggs is not even entitled to an evidentiary hearing if, after you add all the evidence supposedly omitted, there is still probable cause. Quoting a Fifth Circuit case, the government argues that this is so even if the defendant “makes a showing of deliberate falsity or reckless disregard for the truth by law enforcement officers…” On pages 2-7, the government response works through the transcript to show that anything purportedly omitted doesn’t undercut the findings of probable cause as to the wiretaps and warrants. There’s a lot of factual discussion of the transcripts, although at a glance it appears that it does not add a lot of information for regular readers of this site.
Government response on suppression motion
February 19th, 2008 @ 2:19 pm - by NMC · No Comments
Tags: Dickie Scruggs
Filed Under: Herald & Examiner
