Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

IN: Trial court put burden on defendant to litigate warrantless search, but, on de novo review, state satisfied burden

By John Wesley Hall, Jr.

The trial court mistakenly (with the aid of defense counsel) put the burden of proof on the defendant to prove that a warrantless search was invalid. However, applying de novo review to the motion to suppress, the search was still valid under all the facts before the trial court because, if the correct burden were applied, the state still would have won. Danner v. State, 2010 Ind. App. LEXIS 1375 (July 29, 2010).* Defendant was not seized by just following him and then his flight. State v. Jamison, 2010 Ala. Crim. App. LEXIS 64 (July 30, 2010).* Holding on to defendant’s driver’s license while a warrants check was run for 5-10 minutes was not unreasonable. State v. Hummons, 2010 Ariz. App. LEXIS 119 (July 29, 2010).*

Full post as published by Fourth Amendment on August 03, 2010 (boomark / email).