How can a court put the burden on the defendant to show that a warrantless arrest is invalid when Fourth Amendment puts the burden on the government? Bumper v. North Carolina, 391 U.S. 543, 548 (1968). This court seems to conflate the burden of going forward and the burden of proof. The burden of going forward is satisfied by one sentence in a motion to suppress: "The defendant was subjected to a warrantless search (or arrest)."See the full post HERE.
Thursday, April 8, 2010
4th Amendment Blog Calls Texas Out
When it comes to criminal law and procedure, I've always been intrigued by 4th Amendment law. Naturally, I'm a big fan of the 4th Amendment blog whose posts keep us well-informed regarding breaking 4th Amendment law from jurisdictions across the country. Not exactly laudatory in appraoch, they typically point out the percieved 4th Amendment failings of trial and appellate judges as they arise. Yesterday, they came knocking on Texas' front door with a critique of an appellate opinion from the 2nd District Court (Fort Worth). Here's a blurb from the post:
