Legal Question in Criminal Law in California

Consent search & burden of proof

''The prosecution bears the burden of showing that the defendant's consent to search is voluntary and unaffected by coercion.'' I was butsed on a HS11377(a). The cop's written remarks are totally inacurate, and false. If the cop did'nt have anything to hide he would'nt need to lie in his report. An obvious attempt to fabricate a situation to justify an otherwise illegal search, and seizure. I know if it's my word against the cops' I'll lose. Will the prosecution totally rely on the cops' word to prove consent? And will the cop be required to testify in person?


Asked on 2/02/09, 2:37 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Consent search & burden of proof

Hire a lawyer, lest your hopes of putting on an effective defense become mere fantasies.

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Answered on 2/02/09, 7:45 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Consent search & burden of proof

If you file an evidence suppression motion, the cop will most likely need to take the stand and will most likely lie again. Sometimes, it is possible to catch him/her on a lie.

Get yourself a good lawyer.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 2/02/09, 11:21 pm


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