What is the burden of proof for a search warrant application?
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):
In State v. Kuznitz (1969) 105 N.J. Super. 33, 42 [250 A.2d 802, 807], the court stated: "There is a presumption that law enforcement officers acted legally in executing the courts [search] warrant. [Citations.] ... [] The burden of proof is therefore on defendant to establish that the officers executed the warrant illegally."
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