California, United States of America
The following excerpt is from Freytes v. Superior Court, 132 Cal.Rptr. 26, 60 Cal.App.3d 958 (Cal. App. 1976):
Once petitioner challenged the warrantless search, the burden is, of course, on the People to justify its legality. (People v. Constancio, 42 Cal.App.3d 533, 116 Cal.Rptr. 910.)
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