Opinion · Supreme Court of the United States
Hamilton v. Department of Social Services
439 U.S. 870
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1978-10-02
- Topic
- general
How later courts describe this case
- holding that the notice requirement is satisfied so long as the opposing party has “sufficient opportunity to determine its trustworthiness”
- courts may assume that, where no authority is cited in support of a proposition, "counsel, after diligent search, has found none"
- courts may assume that where no authority is cited, counsel has found none after search
- "The burden is on the mov-ant to make specific factual allegations of illegality, to produce evidence, and to persuade the court that the evidence should be suppressed.”
- burden is on defendant/movant to make specific factual allegations of illegality based on personal knowledge in order to warrant a hearing
- as a general proposition, question of ownership of property which depends upon construction or existence of statute is a matter of law for determination by the court
- “the burden is on the movant to make specific factual allegations of illegality, to produce evidence, and to persuade the Court that the evidence should be suppressed”
- Telfaire-like instruction is to be given when the issue of identity is critical
Citator
UpLaw has not yet analyzed Hamilton v. Department of Social Services. The absence of a flag is not a finding that it is good law.
- Cited by
- 181 opinions
C. A. 2d Cir. Certiorari denied.