State v. Radder

REILLY, P.J. (concurring).

¶27 The majority holds that a defendant who has filed a pretrial suppression motion "bears the burden of demonstrating a need for an evidentiary hearing in the first place" and that the defendant must show a "reasonable possibility that a hearing is needed to ... establish the necessary factual basis to succeed on the motion." Majority, ¶15. I concur as given the reasoning in State v. Zamzow , 2017 WI 29, ¶31, 374 Wis. 2d 220, 892 N.W.2d 637, I see no alternative; however, I caution that the Constitution is a restriction rather than a tool of the government, and the…