People v. Berrios

In each of these five appeals, the defendants have been charged with possession of heroin and arresting officers have testified that glassine envelopes containing narcotics were dropped on the ground as the defendants were approached by the police. We have been called upon to decide whether, in these “ dropsy ” cases, or for that matter whenever a warrantless search is presented, it is the People who must bear the burden of proving the legality of the search and seizure. Before reaching the question presented, it is at this juncture appropriate to refer to the particular facts of each case.

In…