What is the burden of proving the legality of a warrantless arrest?
California, United States of America
The following excerpt is from People v. Coleman, 104 Cal.Rptr. 363, 28 Cal.App.3d 36 (Cal. App. 1972):
Of course, it was the People's burden to establish the legality of the warrantless arrest. (Badillo v. Superior Court, 46 Cal.2d 269, 272, 294 P.2d 23; Evid.Code 664.) To uphold the implied finding of the trial court that the Skorman arrest was legal, we must therefore be able to point to affirmative evidence, direct or circumstantial, which justifies it.
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