The state Supreme Court has agreed to hear arguments on whether or not the state has the burden of production in establishing a reasonable expectation of privacy at a suppression hearing.
The high court on Oct. 22 granted allocatur in Commonwealth v. Enimpah. According to the court’s order, arguments will focus on whether the state has a burden of production at suppression hearings when a defendant has not satisfied the threshold burden of establishing a reasonable expectation of privacy in the areas searched or the items seized.
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