What is the burden of producing evidence in a motion to suppress evidence?

California, United States of America


The following excerpt is from People v. Tate, F076798 (Cal. App. 2020):

Amendment rights had been violated."].)7 In addition, the "three-step allocation of the burden of producing evidence governs, with the ultimate burden of persuasion always remaining on the People." (People v. Romeo (2015) 240 Cal.App.4th 931, 940.) " '[W]hen defendants move to suppress evidence, they must set forth the factual and legal bases for the motion, but they satisfy that obligation, at least in the first instance, by making a prima facie showing that the police acted without a warrant.' " (Ibid.) "[T]he People are obligated to produce proof sufficient to show, by a preponderance of the evidence, that the search fell within one of the recognized exceptions to the warrant requirement." (Id. at p. 939.)8 " '[D]efendants can respond by pointing out any inadequacies in that justification.' [Citation.]" (People v. Romeo, supra, at p. 941.)

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