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D.Utah misapplies burden of proof on a warrantless search

By John Wesley Hall, Jr.

D. Utah applies clearly erroneous standard to defendant's burden of proof to show a warrantless search unjustified. "Although the support for this determination is weak, it is consistent with the guidance that the court 'grant deference to a trained law enforcement officer's ability to distinguish between innocent and suspicious circumstances' and that the defendant has the burden to prove that the motion to suppress should be granted." The stop led to retaining identification and asking questions while holding the ID that converted the stop into a seizure requiring more. Nevertheless, defendant loses for not proving stop violated the Fourth Amendment. United States v. Wright, 2009 U.S. Dist. LEXIS 71665 (D. Utah August 13, 2009), citing United States v...continue to full post

Full post as published by Fourth Amendment on August 18, 2009 (boomark / email).