{"id":6954,"date":"2012-06-23T10:58:44","date_gmt":"2012-04-08T00:24:44","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-04-07T15:26:15","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=6954","title":{"rendered":"AR: Wrong burden of proof in consent search mandates reversal; defendant’s argument presumptively valid"},"content":{"rendered":"

The trial court\u2019s order denying the motion to suppress erroneously put the burden of proof on the defendant to show that a warrantless search was unreasonable. Briggs v. State<\/a>, 2012 Ark. App. 226, 2012 Ark. App. LEXIS 341 (April 4, 2012):<\/p>\n

In so holding, the trial court erred as a matter of law by impermissibly shifting the burden of proof. See Danner v. Discover Bank, 99 Ark. App. 71, 257 S.W.3d 113 (2007). The grounds asserted by appellant, i.e., lack of consent, were presumptively true because all warrantless searches are presumed illegal, and the burden of showing that a search was made pursuant to unequivocal and specific consent rests entirely on the State. State v. Brown, supra. We therefore reverse and remand for the trial court to conduct such further proceedings as are necessary for it to make findings of fact in a manner consistent with this opinion. Because the new findings may differ from those made pursuant to the inverted burden of proof employed in the present case, appellant’s constitutional arguments are not ripe for decision, and we therefore do not address them.\n<\/p><\/blockquote>\n

Report to the police that a vehicle was stolen was reason to stop it. At the hearing, it was shown that the victim didn\u2019t intend to affect defendant, but the report was relied on in good faith at the time. State v. Mundy<\/a>, 87 So. 3d 300 (La. App. 3 Cir. 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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