Cal.2: SWs must be executed reasonably, and facts determine who has the burden of proof

A search warrant must be executed reasonably, and it depends on which side has knowledge of what for the burden of proof. Here, the issue involves a blood draw at a hospital, and defendant has access to that information, and he carries the burden. He failed to prove that the warrant wasn’t executed unreasonably. People v. Fish, 2018 Cal. App. LEXIS 1078 (2d Dist. Nov. 27, 2018).

Defendant contended that a factual predicate for probable cause for issuance of an anticipatory search warrant was missing. Nevertheless, it wasn’t that critical, and the good faith exception would otherwise apply. United States v. Escobar, 2018 U.S. App. LEXIS 33097 (8th Cir. Nov. 26, 2018).*

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