What is the burden of going forward at a suppression hearing?
"New York", United States of America
The following excerpt is from People v. Cyprien, 181 Misc 2d 978, 695 N.Y.S.2d 681 (N.Y. City Ct. 1999):
At a suppression hearing, the burden of going forward is on the People to show the legality of the police conduct. Once this burden is met, the burden is upon the defendant to prove the illegality of the search or seizure by a preponderance of the evidence. People v. Berrios, 28 N.Y.2d 361, 321 N.Y.S.2d 884, 270 N.E.2d 709 (1971).
Page 684
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the burden of proving in a suppression hearing? (MultiRegion, United States of America)
Does a judge have authority to order that a person who has not had a hearing be allowed to attend the hearing before the hearing of the motion, or is not permitted to do so? (MultiRegion, United States of America)
In reviewing the denial of a motion to suppress following an evidentiary hearing, will the finding be erroneous? (MultiRegion, United States of America)
How have courts interpreted the meaning of the word "hearing" in a hearing? (MultiRegion, United States of America)
Can a failure to testify at a suppression hearing be considered adverse? (MultiRegion, United States of America)
Is a witness before a federal grand jury entitled to a suppression hearing during the proceedings? (MultiRegion, United States of America)
How have courts considered suppression issues in the context of a motion to suppress a firearm? (MultiRegion, United States of America)
What is the initial burden of proving that Defendant substantially burdened the exercise of his religious beliefs? (MultiRegion, United States of America)
When a search warrant is issued and the search warrant issued, what is the relevant evidence required at the suppression hearing? (MultiRegion, United States of America)
What is the burden of discharging the tax burden on a company when it is shown that income is not reported to the taxpayer? (Canada (Federal), Canada)
