Rodriguez v. Arellano

OPINION

FIDEL, Presiding Judge.

¶ 1 When a criminal defendant moves to suppress the fruits of an allegedly illegal search, our Rules of Criminal Procedure allocate to defendant the initial burden of going forward. See Ariz. R.Crim. P. 16.2(b). The question presented in this special action is whether a defendant may satisfy this burden by proving the lack of a warrant. We answer in the affirmative.

Background

¶2 After the State filed an information charging David Rodriguez (Defendant) with various drug offenses, Defendant filed a motion to suppress evidence seized as the result of an allegedly…