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W.D.N.Y.: Defendant carries burden of going forward on warrantless search, but government has burden of proof

By John Wesley Hall, Jr.

Defendant carries initial the burden of showing that he was seized, and then the burden shifts to the government to show that it was lawful. Defendant's handcuffing satisfied his burden. United States v. Sanon, 2009 U.S. Dist. LEXIS 39068 (W.D. N.Y. April 28, 2009) (court also takes judicial notice of distance between places off of www.Mapquest.com): On a motion to suppress, the defendant bears the initial burden of establishing that a government official acting without a warrant in fact subjected him to a search or seizure. United States v. Arboleda, 633 F.2d 985, 989 (2d Cir. 1980) (citations omitted), cert. denied, 450 U.S. 917, 101 S. Ct. 1362, 67 L. Ed. 2d 343 (1981); United States v. Chavis, 48 F.3d 871, 872 (5th Cir.1995); United States v...continue to full post

Full post as published by Fourth Amendment on May 15, 2009 (boomark / email).