John Wesley Hall climbs back up on the soap box to remind people where the burden of proof lies in a warrantless arrest:
Defendant failed in his burden of showing that the police lacked probable cause to arrest him without a warrant. People v Bulgin, 2010 NY Slip Op 20290, 2010 N.Y. Misc. LEXIS 3257 (Bronx Co. July 12, 2010)….
How many times do we have to point this out to the Fourth Amendment-impaired? Under the Fourth Amendment, the burden is always on the government to prove that a warrantless arrest or search is valid.
Read John’s short recap of relevant case law in New York on FourthAmendment.com.