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Criminal Law

: Fourth Amendment

C.D.Cal.: Motion to reconsider granted; court imposed wrong burden of proof on stop at government's request | Practice Pointer

By John Wesley Hall, Jr.

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Motion to reconsider motion to suppress is granted and motion to suppress granted. The court erroneously put the burden of proof on the defendant, at the government’s request, to prove that the warrantless search was unreasonable. United States v. Tompkins, 2009 U.S. Dist. LEXIS 126944 (C.D. Cal. November 2, 2009): It is fundamental to our system of criminal justice that the Government must justify the searches or seizures it conducts, either by seeking a warrant based upon probable cause or by proving that it has acted lawfully pursuant to an exception to the warrant requirement. Requiring the defendant whose Fourth Amendment rights have allegedly been violated to prove the absence of a lawful basis for the search or seizure would flip the Fourth Amendment on its head...continue to full post

Full post as published by Fourth Amendment on May 08, 2010 (boomark / email).

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