What is the burden of prosecution against police officers who conducted a search or seizure without a warrant?

California, United States of America


The following excerpt is from The People v. Felix, A127173, No. 250009 (Cal. App. 2010):

Where, as here, police conduct a search or seizure without a warrant, "the prosecution has the burden of showing the officers' actions were justified by an exception to the warrant requirement." (People v. Strider, supra, 177 Cal.App.4th 1393, 1400.) Without a record that discloses to us that the officers observed the gun from a public place, the prosecution cannot rely merely on the plain-view doctrine to justify the seizure. Assuming the gun was observed in plain sight from inside the yard, we must determine if

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the evidence otherwise establishes that the officers were justified in entering onto the premises to make the observation.

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