Commonwealth, Aplt. v. Enimpah, A.

OPINION

Justice EAKIN.

Does a motion to suppress evidence demand proof by the accused of a reasonable expectation of privacy in the area in which the evidence is found before the Commonwealth’s burden of production is triggered? Here, the Commonwealth refused to present any evidence at appellee’s suppression hearing, claiming its obligation was not in force until appellee *361met this “threshold” burden. The trial court accordingly suppressed the evidence; the Superior Court affirmed. We affirm that decision and reiterate that which should now be clear: “In all cases, the burden of production is […