United States v. Patrick J. Heaney

33 F.3d 60 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Patrick J. HEANEY, Defendant-Appellant. No. 93-30382. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 3, 1994. Decided Aug. 15, 1994. Before: WRIGHT, KOZINSKI and FERNANDEZ, Circuit Judges. 1 MEMORANDUM * 2 A. The district court did not abuse its discretion in denying Heaney's request for an evidentiary hearing. Though the affidavits submitted by the parties on the motion to suppress indicate a factual dispute, no hearing was required because the facts alleged by Heaney provide sufficient grounds for denying the motion. According to Heaney's affidavit, Officer Brewer pulled into the parking lot after Heaney had already stopped his car. Without being told to do so, Heaney got out of his car and approached Officer Brewer. At this point, Heaney had not been seized. United States v. Hernandez, No. 93-50102, slip op. 6845, 6852 (9th Cir. June 24,…