Prosecution’s Burden to Justify a Warrantless Search or Seizure

By: Wallin & Klarich

It is the prosecution’s burden to justify a warrantless search or seizure. People v. Williams (1999) 20 Cal. 4th 119. The defendant has the right to suppress evidence when the evidence is obtained by an illegal detention, arrest, or search in violation of both the United States Constitution and Cal Pen. Code section 1538.5.

In addition, the exclusionary rule of the Fourth Amendment prohibits the admission of evidence obtained as a result of an unconstitutional search and seizure. Wong Sun v. United States (1963) 371 U.S. 471.

An experienced California criminal defense attorney will be able to tell you whether your encounter with police will be deemed a “seizure” triggering Fourth Amendment protections.

If you or someone you know is facing criminal charges in California, contact Wallin & Klarich. Wallin & Klarich has over 30 years of criminal defense experience. Call 1-888-280-6839 to speak to one of Wallin & Klarich’s aggressive and experienced criminal defense attorneys in California today. Also visit us on the web at

Posted In: Criminal Defense