Title: UNITED STATES OF AMERICA, PLAINTIFF v. MARIAN RIPLEY, et al., DEFENDANT.
Court: United States District Court, N.D. Ohio, Eastern Division
Case Number: 5:21-cr-736
Date: Nov 18, 2022
Fact:
Now before the Court is the motion of defendant Marian Ripley (“Ripley”) to suppress all evidence derived from the search of her residence (“Weathervane”) obtained through the execution of a search warrant on September 23, 2021. (Doc. No. 185 (Motion).) Plaintiff United States of America (the “government”) opposes the motion. (Doc. No. 198 (Response).)
Ripley initially requested an oral hearing on the motion. (Doc. No. 185, at 1.) In a telephonic conference on October 25, 2022, the Court, without objection from either party, found a hearing was unnecessary because the motion presents strictly legal arguments that must be resolved by an examination of the four corners of the affidavit supporting the search warrant. (Minute Order, 10/25/2022.) United States v. Goodwin, 552 Fed.Appx. 541, 548 (6th Cir. 2014) (“An evidentiary hearing is required only when the defendant has set forth contested issues of fact that bear upon the legality of the search.” (quotation marks and citation omitted)); see United States v. Moore, 999 F.3d 993, 996 (6th Cir. 2021) (probable cause is determined upon an examination of the “four corners” of the supporting affidavit (citation omitted)).
Issue:
- The issue at hand is whether the evidence obtained from the search of Marian Ripley’s residence, Weathervane, should be suppressed.
CONCLUSION:
For the foregoing reasons, Ripley’s motion to suppress is DENIED.
IT IS SO ORDERED.