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Order — No. 3:23-cr-00524 (Dkt. 34, D.N.J.)

Summary

An order in United States v. Edwin Rivera, Crim. No. 23-524 (GC), in the U.S. District Court for the District of New Jersey, filed July 12, 2024 as Document 34 (2 pages) and signed by Judge Georgette Castner. The Court finds that an evidentiary hearing is necessary on the defendant's Motion to Suppress evidence seized from his vehicle on February 8, 2023 (ECF No. 30), which the Government opposes (ECF No. 32). The issues are whether law enforcement had reasonable suspicion to stop the vehicle, probable cause to search it, and the defendant's consent and its voluntariness. The parties must propose hearing dates by July 19, 2024, for a hearing no later than August 23, 2024.

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“Order — No. 3:23-cr-00524 (Dkt. 34, D.N.J.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/order-no-3-23-cr-00524-dkt-34-d-n-j-2db28048ae/, SHA-256 97481f0172015206c89ad47c711bff8bbacc74972433000ad46dcfa1aff62458.

Full text

   Case 3:23-cr-00524-GC Document 34 Filed 07/12/24 Page 1 of 2 PageID: 204




                            UNITED STATES DISTRICT COURT
                               DISTRICT OF NEW JERSEY


 UNITED STATES OF AMERICA                                 Hon. Georgette Castner, U.S.D.J.

          v.                                              Crim. No. 23-524 (GC)

 EDWIN RIVERA                                             ORDER



       THIS MATTER comes before the Court upon Defendant Edwin Rivera’s Motion to

Suppress evidence seized by the Government from Defendant’s vehicle on February 8, 2023.

(ECF No. 30.) The Government opposed the Motion. (ECF No. 32.) The Court has carefully

considered the parties’ submissions and finds that an evidentiary hearing is necessary to determine

the following issues: (1) whether law enforcement had reasonable suspicion to stop Defendant’s

vehicle, (2) whether law enforcement had probable cause to search Defendant’s vehicle, and (3)

whether Defendant consented to the search of his vehicle and, if so, the voluntariness of such

consent. Accordingly,

       IT IS on this 12th day of July 2024, ORDERED as follows:

       1. By July 19, 2024, the parties shall file joint correspondence proposing at least two

           dates and times for the evidentiary hearing to take place no later than August 23, 2024.

       2. The Court will conduct an evidentiary hearing on a date and time to be determined.

           The parties shall adhere to the following parameters:

                   a. The parties may introduce testimony and documentary evidence regarding

                      the material factual issues in dispute.

                   b. At least seven days prior to the hearing, the parties shall file a joint

                      evidentiary hearing submission, which must include:

                           i. A list of proposed witnesses, including a summary of the anticipated
Case 3:23-cr-00524-GC Document 34 Filed 07/12/24 Page 2 of 2 PageID: 205




                       testimony of each witness and the anticipated length of testimony of

                       each witness; and

                   ii. A summary of any issues the parties believe the Court should

                       resolve prior to the hearing.

            c. At least seven days prior to the hearing, the parties shall file correspondence

               indicating whether they require the use of the Court’s audio-visual

               equipment or whether they intend to use their own equipment.

            d. The Court will conduct a pre-hearing telephone conference on a date to be

               determined.

            e. Within seven days after the hearing, the parties shall file joint

               correspondence regarding the necessity of supplemental briefing and

               propose a briefing schedule if such briefing is requested.




                                                 /s/ Georgette Castner
                                                _______________________________
                                                GEORGETTE CASTNER
                                                UNITED STATES DISTRICT JUDGE




                                           2

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