What is the burden of proving a search or seizure without a warrant?
California, United States of America
The following excerpt is from People v. Jose O. (In re Jose O.), H039838 (Cal. App. 2014):
defendant establishes that the search or seizure was made without a warrant, and was prima facie unlawful, "the burden then rest[s] on the prosecution to show proper justification. [Citation.]" (Horack v. Superior Court (1970) 3 Cal.3d 720, 725.)
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