During pretrial evidence suppression hearings, the burden of proof lies with the

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During a pretrial evidence suppression hearing, the defense attorney argues that certain evidence should be excluded from the trial, and therefore, the burden of proof lies with the defense attorney to show that the evidence was obtained illegally or in violation of the defendant's constitutional rights. The prosecutor, on the other hand, has the burden of presenting evidence to support the admission of the evidence at trial. The judge will ultimately decide whether the evidence is admissible or not.

During Pretrial Evidence Suppression Hearings, the Burden of Proof Lies