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ID: Probation term was indefinite, so probation search four months after minimum term was still valid

By John Wesley Hall, Jr.

The burden of proof and persuasion in the suppression hearing was not shifted against the defendant. While the defense called all the witnesses, the state retained the burden. The defense consession that the defendant was still on probation (indefinite with a three year minimum) at the time of the search made the state's case. State v. Marshall, 2008 Ida. App. LEXIS 123 (September 5, 2008).* Plaintiff stated a claim for relief for defendants' failure to have a warrant that was particular enough. Halliday v. Spjute, 2008 U.S. Dist. LEXIS 77080 (E.D. Cal. September 23, 2008)*; Booth v. Spjute, 2008 U.S. Dist. LEXIS 77141 (E.D. Cal. September 23, 2008).* DUI roadblock was validly set up by the police. Officer's testimony at the suppression hearing that they were there also to generally "enforce the law" was neither adverse to this conclusion nor determinative...continue to full post

Full post as published by Fourth Amendment on October 06, 2008 (boomark / email).