Colorado v. Cunningham
Annotate this CaseThe State challenged the trial court's suppression of evidence taken from defendant Jesse Lee Cunningham's home pursuant to warrant. The trial court ruled that pursuant to Crim. P. 41(e), defendant's motion to suppress required the State to initially go forward with evidence that the seizure was performed pursuant to a facially valid warrant, and that the warrant was legally executed. After review, the Supreme Court concluded the trial court erred in that analysis. "Whether a search or seizure is performed pursuant to a warrant or is warrantless, defendant under Crim. P. 41(e) bears the burden of going forward to show that the search or seizure violated defendant's Fourth Amendment rights."
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