What is the burden of proving a search warrant valid?

California, United States of America


The following excerpt is from People v. McWoodson, B298925 (Cal. App. 2020):

The legality of the search is reviewable. ( 1538.5, subd. (m).) We defer to the court's factual findings if supported by substantial evidence, but exercise our independent judgment to determine if a search or seizure is reasonable under the Fourth Amendment. (People v. Ovieda (2019) 7 Cal.5th 1034, 1041; People v. Glaser (1995) 11 Cal.4th 354, 362.) Federal standards govern the suppression of evidence derived from police searches and seizures. (Cal. Const., art. I, 24; Ovieda, at p. 1041.)

The Fourth Amendment forbids "unreasonable searches and seizures." Courts determine "whether the disputed search and seizure has infringed an interest of the defendant which the Fourth Amendment was designed to protect." (Rakas v. Illinois (1978) 439 U.S. 128, 140.) A defendant without a legitimate expectation of privacy in the invaded place or the seized thing cannot bring a Fourth Amendment challenge. (People v. Roybal (1998) 19 Cal.4th 481, 507.) The defendant "bears the burden of showing a legitimate expectation of privacy." (Ibid.)

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