D.V.I. No. 3-11-cr-00035-002
Present: CHAGARES, JORDAN and SHWARTZ, Circuit Judges
PATTY SHWARTZ CIRCUIT JUDGE
Joel Diaz-Hinirio pleaded guilty to violations of the federal drug and firearms laws, but preserved his right to appeal the District Court's order that denied his motions to suppress the evidence seized from a premises, his identification, and his statements to law enforcement.
The District Court heard testimony from law enforcement witnesses and Diaz-Hinirio. In addition, the District Court had before it other evidence, including photographs and the affidavit submitted in support of the search warrant ultimately obtained for the premises. Based upon this evidence, the District Court denied the motions. Factual issues were involved in deciding the motion. The District Court, however, did not state the factual basis for its order denying the motions to suppress as required under Fed. R. Crim. P. 12 (d). Among other things, the District Court made no findings concerning whether Diaz-Hinirio had a privacy interest in the location searched or provide the facts that it found supported its conclusion that the initial search of the premises was permissible under an exception to a warrant requirement, such as common authority.
As a result, we will remand for the District Court to "state its essential findings for the record" as ...