California, United States of America
The following excerpt is from People v. Brisendine, 119 Cal.Rptr. 315, 13 Cal.3d 528, 531 P.2d 1099 (Cal. 1975):
4 As a threshold matter we observe that the burden of justifying the warrantless search in the case at bar was on the prosecution. (Badillo v. Superior Court (1956) 46 Cal.2d 269, 272, 294 P.2d 23.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.