United States v. Richard Batiste

PREGERSON, Circuit Judge:

Pursuant to 18 U.S.C. § 3731, 1 the government appeals the district court’s order granting Richard Batiste’s motion to suppress evidence. The government contends that the district court erred in ordering an evidentiary hearing on the issue of probable cause to arrest because (1) the government had made a prima facie showing of probable cause in its affidavit attached to the complaint filed against Batiste on November 2, 1987, 2 and (2) in his motion to suppress Batiste had failed to dispute the government’s version of the facts contained in that affidavit.

I

The…