What is the burden of proving probable cause at a probable cause hearing?

"New York", United States of America

The following excerpt is from People v. Riggs, 60 Misc.3d 817, 80 N.Y.S.3d 649 (N.Y. City Ct. 2018):

At a probable cause hearing, the People bear the initial burden of producing evidence that police had probable cause to stop defendant for an alleged traffic infraction, but the defendant then has the burden of showing, by a preponderance of the evidence, that the police did not have probable cause to stop him. See People v. Baldwin , 25 N.Y.2d 66, 7071, 302 N.Y.S.2d 571, 250 N.E.2d 62 (1969). Defendant maintains that he has met his burden of showing, by a preponderance of the evidence, that the police officer lacked probable cause to stop his car for an alleged traffic infraction. See People v. Guthrie , 25 N.Y.3d 130, 8 N.Y.S.3d 237, 30 N.E.3d 880, rearg. denied 25 N.Y.3d 1191, 16 N.Y.S.3d 50, 37 N.E.3d 108 (2015). Thus, according to defendant, evidence of his intoxication and the statements he made to the police must be suppressed.

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