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W.D.W.Va.: USMJ erroneously puts burden of proof on defendant to show automobile exception did not apply

By John Wesley Hall, Jr.

Search of defendant’s car was justified as a automobile exception search because did not prove there was no probable cause. “The undersigned recommends that Defendant's Motion to Supress be DENIED because Defendant has failed to show that there was not probable cause for the warrantless search of defendant's vehicle.” [The defendant does not have the burden of proof to show a warrantless search was illegal.] United States v. Williams, 2009 U.S. Dist. LEXIS 126054 (W.D. W.Va. June 23, 2009) (USMJ R&R). While the search of defendant’s car was unreasonable under Gant, the district court also found that defendant consented to a search of the car, and that was not clearly erroneous. United States v. Alvarez, 2010 U.S...continue to full post

Full post as published by Fourth Amendment on March 20, 2010 (boomark / email).