Hamilton v. Department of Social Services

How later courts describe this case

• holding that the notice requirement is satisfied so long as the opposing party has “sufficient opportunity to determine its trustworthiness”
• courts may assume that, where no authority is cited in support of a proposition, "counsel, after diligent search, has found none"
• courts may assume that where no authority is cited, counsel has found none after search
• "The burden is on the mov-ant to make specific factual allegations of illegality, to produce evidence, and to persuade the court that the evidence should be suppressed.”
• burden is on defendant/movant to make specific factual allegations of illegality based on personal knowledge in order to warrant a hearing
• as a general proposition, question of ownership of property which depends upon construction or existence of statute is a matter of law for determination by the court
• “the burden is on the movant to make specific factual allegations of illegality, to produce evidence, and to persuade the Court that the evidence should be suppressed”
• Telfaire-like instruction is to be given when the issue of identity is critical