What is the burden of a motion to suppress a search and seizure?
California, United States of America
The following excerpt is from Shuey v. Superior Court, 106 Cal.Rptr. 452, 30 Cal.App.3d 535 (Cal. App. 1973):
Since in the type of case which we are discussing the actual search and seizure is pursuant to a warrant, it is the burden of the party making the motion to suppress to prove that but for the invasion of the occupants' privacy, the search would have been fruitless. (Evid.Code 664; Badillo v. Superior Court, 46 Cal.2d 269, 272, 294 P.2d 23.)
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