ID erroneously puts burden of proof on driver in DL suspension cases to prove stop was not valid

In DL suspensions in Idaho, the burden is on the driver to show a lack of justification for the stop, not on the state to prove that it was valid. “The hearing officer properly concluded that Wernecke failed to prove the arresting officer lacked legal cause to stop Wernicke.” Wernecke v. State, 2015 Ida. App. LEXIS 20 (March 30, 2015). Since this is a civil case, should it matter? I say yes it does. The burden doesn’t change because warrantless anything is presumptively invalid, and the burden is on the state to justify. And, SCOTUS reminded everybody yesterday that the Fourth Amendment applies in civil cases. Civil tort cases helped create the Fourth Amendment, remember? Leach v. Money (1763) and Entick v. Carrington (1765).

Telephone calls to defendants from the undercover officers, passing $150,000 in cash for drugs, preparations for a second transfer of drugs, showing up at the appointed place, etc., was all probable cause for a search of the car they arrived in under the automobile exception. United States v. Deasis, 2015 U.S. Dist. LEXIS 39919 (E.D.N.Y. March 27, 2015).*

One has no standing to contest GPS on another’s vehicle. Green v. State, 2015 Ga. App. LEXIS 228 (March 30, 2015).