| FEAR's Brief Bank II Motions, pleadings and briefs |
| | FEAR's Brief Bank II: indexed by issue |
| | **************************************************************************************** |
| | Burden of proof | [ | 38 | ] |
| | NOTICE OF MOTION AND MOTION TO SUPPRESS EVIDENCE PURSUANT TO |
| | PENAL CODE §1538.5 |
| | Where the government relies upon consent, it has the burden of presenting "substantial evidence of consent to |
| | the search." The burden has been characterized as a "heavy" one. (Parrish v. Civil Service Commission (1967) |
| | 66Cal.2d 260, 270.) The government must show "that the consent was, in fact, freely and voluntarily given" |
| | (see Schneckloth v. Bustamonte (1973) 412 U.S. 218, 219 [36 L.Ed.2d 854]) and the "burden cannot be |
| | discharged by showing no more than acquiescence to a claim of lawful authority." |
| | by | Villareal, Gerald |
| | PEOPLE OF THE | v. | JOSE ALFREDO OLVERA RODRIGUEZ | ( | 2000 | ) |
| | STATE OF |
| | CALIFORNIA |
| | browser view: | available | BrowserView | filed: |
| | Word Perfect | available | WordPerfect |
| | MS_Word version: | MSWord |
| | RTF version: | RichTextFormat | [ | Rodriguez1538 | ] |
| | PDF version: | [ | 184 | ] |
| | . |
| | PETITION FOR CERTIORARI |
| | In granting summary judgment, the court impermissibly placed the burden of proving ownership on the |
| | claimants, without first requiring the government to show probable cause |
| | by | Grantland, Brenda |
| | U.S. | v. | (PUPPOLO) $36,333.50 IN U.S. CURRENCY, etc.* | ( | 1993 | ) |
| | browser view: | available | BrowserView | filed: |
| | Word Perfect | available | WordPerfect |
| | MS_Word version: | MSWord |
| | RTF version: | RichTextFormat | [ | certpet01 | ] |
| | PDF version: | [ | 68 | ] |
| | . |
| | Wednesday, July 11, 2012 | Page 1 of 6 |
Page 1. (c) 2006 Forfeiture Endangers American Rights Foundation