Xenia v. Wallace
By The Supreme Court of the State of Ohio
- Release Date - Published: 1988-06-22
- Book Genre: Law
- Author: The Supreme Court of the State of Ohio
Xenia v. Wallace The Supreme Court of the State of Ohio read online review & book description:
H. BROWN, J. The conflict between the appellate courts centers around which party has the burden of going forward with evidence to show
probable cause, or lack thereof, for the administration of a breathalyzer test. We hold that the state has the burden of going
forward with evidence to show probable cause once the defendant has demonstrated a warrantless search or seizure and has raised
lack of probable cause as a ground for attacking the legality of the search or seizure.
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