Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

Bronx Co. applies the wrong burden of proof making defendant prove no PC for warrantless arrest

By John Wesley Hall, Jr.

Defendant failed in his burden of showing that the police lacked probable cause to arrest him without a warrant. People v Bulgin, 2010 NY Slip Op 20290, 2010 N.Y. Misc. LEXIS 3257 (Bronx Co. July 12, 2010): At a suppression hearing, it is the People's burden to demonstrate the legality of the police conduct in the first instance, but defendant bears the ultimate burden of proving, by a preponderance of the credible evidence, that the evidence should not be used against him and that the police lacked probable cause to arrest him. People v Thomas, 291 AD2d 462, 463 (2d Dept 2002); People v Sidhom, 204 AD2d 150 (1st Dept), lv denied, 84 NY2d 832 (1994). The court is manifestly allocating the burden of proof to the wrong party under the Fourth Amendment...continue to full post

Full post as published by Fourth Amendment on July 26, 2010 (boomark / email).