What is the burden of proving that a search and seizure of a person's upstairs bedroom was illegal?
California, United States of America
The following excerpt is from People v. Block, 103 Cal.Rptr. 281, 499 P.2d 961, 6 Cal.3d 239 (Cal. 1971):
In the instant case, the accused has made a Prima facie showing that the search and seizure were illegal, establishing that they were made without a warrant; the burden thereafter rests with the prosecution to show proper justification. (People v. Haven, 59 Cal.2d 713, 717, 31 Cal.Rptr. 47, 381 P.2d 927.) I believe that the People have not met this burden, and that the decision of the superior court holding the search of the upstairs bedroom illegal must be upheld.
The order dismissing the information pursuant to Penal Code section 995 should be affirmed.
TOBRINER, J., concurs.
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