The trial court erred in putting the burden of proof on the defendant to rebut the state’s claim of consent. He didn’t testify, but he cross-examined. The trial court also held against him the failure to testify. State v. Crum, 2021 Mo. App. LEXIS 98 (W.D. Mo. Feb. 2, 2021).
There were search warrants for six places, and defendant pro se challenges the lack of probable cause. There is probable cause. As for places 2-5, it doesn’t appear defendant even has standing as to them, but that wasn’t in the R&R. United States v. Rivera-Banchs, 2021 U.S. Dist. LEXIS 19563 (W.D. N.Y. Feb. 2, 2021).*
The officer had reasonable suspicion of defendant’s criminal trespass in a late night café when he was stopped outside after being ejected by the manager. State v. Aguilar, 2021 N.M. App. LEXIS 8 (Feb. 2, 2021).*