Whether the Sixth Amendment's Confrontation Clause, the Fifth Amendment's Due Process Clause, or some other authority guarantees a criminal defendant the right to cross-examine the government's witnesses at a pretrial hearing into whether a search complied with the Fourth Amendment

Question Presented The lower courts are in conflict about whether the Sixth Amendment’s Confrontation Clause, the Fifth Amendment’s Due Process Clause, or some other authority guarantees a criminal defendant the right to cross-examine the government’s witnesses at a pretrial hearing into whether a search complied with the Fourth Amendment. This case presents a good vehicle for the Court to resolve this conflict by addressing this question: When, in an attempt to meet its burden to prove that a search complied with the Fourth Amendment, the government proffers declarations from the searching officers, does the defendant have the right to cross-examine those witnesses before a court denies a suppression motion based on their declarations? ii