California, United States of America
The following excerpt is from People v. Scott, A117298 (Cal. App. 8/19/2008), A117298 (Cal. App. 2008):
Defendant moved to suppress evidence pursuant to Penal Code section 1538.5, which allows a defendant to meet "the initial burden of raising the issue of an unreasonable warrantless search or seizure by `simply assert[ing] the absence of a warrant and mak[ing] a prima facie showing to support that assertion.' [Citation.] After the defendant sufficiently raises the issue, it is the prosecution's burden to justify a warrantless search or seizure. [Citation.] A defendant then must present any arguments as to why that justification is inadequate." (People v. Smith (2002) 95 Cal.App.4th 283, 296.)
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