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Criminal Law

: Fourth Amendment

E.D.Tex.: Court puts burden on defendant to show warrantless search unreasonable [Wrong!]

By John Wesley Hall, Jr.

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Defendant did not show that the traffic stop and computer checks were unreasonable in their length. [What happened to the burden of proof for the government to prove that the stop was reasonable since it was a warrantless stop and search? Who has the burden of proof anyway?] United States v. Garcia-Santos, 2010 U.S. Dist. LEXIS 16069 (E.D. Tex. February 16, 2010).* Defendant’s 2255 IAC argument about his search was not an issue for the jury on guilt or innocence. Garner v. United States, 2010 U.S. Dist. LEXIS 16090 (D. Kan. February 22, 2010): Petitioner's last two arguments, that his attorney failed to argue and present evidence to the jury regarding claims of Fourth Amendment violations, would not have impacted the jury's verdict...continue to full post

Full post as published by Fourth Amendment on February 27, 2010 (boomark / email).

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