Denial of Suppression Vacated & Remanded

US v. Hamilton, No. 03-50179 (12-13-04). The 9th vacates and remands the denial of a suppression motion. This was a prosecution on a large scale drug operation. Defendant and 24 others were charged with possession with intent to distribute. Defendant moved to suppress the 10 kilograms because of a bad stop of his car. At the suppression hearing, there was evidence adduced concerning the defendant and others. After testimony, defendant's counsel asked to leave, and permission was granted because evidence as to his client was over. The hearing continued on another day. with neither the defendant nor counsel present. The testimony covered issues related to the defendant's motion, and the defendant. Indeed, about half of the redirect testimony concerned the defendant. The 9th had no trouble in finding a violation of the "Sixth Amendment right to counsel, because the court permitted the gov't to conduct a redirect examination of the searching officer concerning [the defendant] with neither [the defendant] nor his counsel present." Summary by Jon Sands