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U.S. v. BATISTE

No. 88-5069.

868 F.2d 1089 (1989)

UNITED STATES of America, Plaintiff-Appellant, v. Richard BATISTE, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 28, 1989.

Attorney(s) appearing for the Case

David L. Katz, Asst. U.S. Atty., San Diego, Cal., for plaintiff-appellant.

Verna Wefald and Bernard Skomal, Federal Defenders of San Diego, Inc., San Diego, Cal., for defendant-appellee.

Before PREGERSON, REINHARDT and NOONAN, Circuit Judges.

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...

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