Search and Seizure: Burden of Proof


In order to challenge a search or seizure, a party will most likely need to file a motion to suppress.

While, the State has the initial burden to show that a warrantless search was legitimate under an exception to the Fourth Amendment, the defendant has the burden to show that he had an expectation of privacy.[1]

Remember, a prosecutor cannot automatically use the testimony of the defendant in a suppression hearing against him in trial.[2]

[1] State v. Robinson, 410 S.C. 519, 530 (2014) [2] Brown v. United States, 411 U.S. 223, 228 (1973)