March 26, 2019

Colorado Supreme Court: Defendant Bears Burden of Proving that Search and Seizure Violated Fourth Amendment Rights

The Colorado Supreme Court issued its opinion in People v. Cunningham on Monday, December 23, 2013.

Criminal Procedure—Crim. P. 41(e)—Suppression Hearing—Defendant’s Burden of Going Forward With Evidence—Searches and Seizure Under Warrant.

The Supreme Court held that the trial court erred in suppressing evidence when it ruled that the prosecution must go forward with evidence showing that the warrant in this case was facially valid and legally executed. Whether a search or seizure is performed pursuant to a warrant or is warrantless, the defendant under Crim.P. 41(e) bears the burden of going forward to show that the search or seizure violated his or her Fourth Amendment rights. The suppression order was reversed and the case was remanded to the trial court.

Summary and full case available here.

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