What is the burden of proof against the prosecution in the case of a stop and search?
California, United States of America
The following excerpt is from Tony C., In re, 148 Cal.Rptr. 366, 21 Cal.3d 888 (Cal. 1978):
3 By analogy to the rule in the case of warrantless arrests and searches (see Badillo v. Superior Court (1956) 46 Cal.2d 269, 272, 294 P.2d 23), if the prosecution contends that a stop or detention was for a purpose other than to investigate the defendant as a suspect in criminal activity, it has the burden of proof on the issue.
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