{"id":8550,"date":"2013-10-05T08:33:40","date_gmt":"2013-03-30T10:10:26","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-03-30T10:10:26","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=8550","title":{"rendered":"MS erroneously puts burden on defendant to show a lack of third party consent"},"content":{"rendered":"<p>In a sex assault on a minor case, the court erroneously puts the burden on the defendant to show that the third party consenter didn\u2019t consent rather than on the state where it belongs under the Fourth Amendment. <a href=\"http:\/\/courts.ms.gov\/Images\/Opinions\/CO82430.pdf\">Brown v. State<\/a>, 119 So. 3d 1079 (Miss. App. 2013):<\/p>\n<p><!--more--><\/p>\n<blockquote><p>P8. At the hearing on the motion to suppress, Brown stated that his mother had not given Willis consent to search. However, Brown did not offer any evidence that his mother did not consent to the search in his motion to suppress or in his argument at the hearing. In its response to Brown&#8217;s motion to suppress, the State asserted that Willis was &#8220;the daughter of the home owner[,] and [Investigator] Gibbs was given verbal consent to search the [residence] &#8230; by the owner of the house, Eva Sylvester.&#8221; Eva Sylvester was unavailable to testify.<\/p>\n<p>P9. Brown failed to present any credible evidence or argument that consent was not given. The trial court relied on the credible evidence before it and did not abuse its discretion in denying the motion to suppress and admitting the photographs. This issue is without merit.<\/p><\/blockquote>\n<p>Note: This is just so wrong, I should be speechless. How obtuse can an appellate court be?<\/p>\n<p><a href=\"http:\/\/www.fourthamendment.com\/blog\">Back to blog<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=8550\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-8550","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8550","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=8550"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8550\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=8550"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=8550"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=8550"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}