What is the burden of proof for a defendant who claims that a search pursuant to a warrant went beyond the scope of the warrant?
California, United States of America
The following excerpt is from People v. Fish, 240 Cal.Rptr.3d 295, 29 Cal.App.5th 462 (Cal. App. 2018):
Pursuant to California case law, the defendant bears the burden of proof if he claims that a search pursuant to a warrant went beyond the scope of the warrant. ( People v. Reyes (1990) 223 Cal.App.3d 1218, 1224, 273 Cal.Rptr. 61 ["Because the questioned search in this case
[240 Cal.Rptr.3d 299]
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