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.