What is the burden of proving a search and seizure without a warrant?
California, United States of America
The following excerpt is from People v. Vu, G055556 (Cal. App. 2019):
at least in the first instance, by making a prima facie showing that the police acted without a warrant. The prosecution then has the burden of proving some justification for the warrantless search or seizure, after which, defendants can respond by pointing out any inadequacies in that justification. (People v. Williams (1999) 20 Cal.4th 119, 136.)
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