What is the burden of establishing privacy in a search warrant?
California, United States of America
The following excerpt is from People v. Gonzalez, G045469 (Cal. App. 2013):
"A defendant has the burden at trial of establishing a legitimate expectation of privacy in the place searched or the thing seized. [Citations.] The prosecution has the burden of establishing the reasonableness of a warrantless search. [Citations.]" (People v. Jenkins (2000) 22 Cal.4th 900, 972.)
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