State v. Robinson

COCHRAN, J.,

filed a concurring opinion in which HERVEY, J., joined.

I join the majority opinion. I write separately only to distinguish the shifting burdens at a motion to suppress hearing from those shouldered by the proponent of evidence at trial.

In a motion to suppress hearing, the movant is asserting some sort of illegal conduct, perhaps a violation of the federal constitution or perhaps a statutory violation. The law starts with the presumption of proper and lawful conduct. For example, it assumes that the police have acted in compliance with all constitutional and statutory requirements…