Kly, what's your take on unreasonable searches and seizures? From your experience, what standards do judges use when it comes to defiing unreasonable whether cosnidering a warrant or suppressing evidence.
I usually relied on the State Constitution protection against unreasonable search and seizure. It offered more protection than the IV Amendment. But whenever this issue was raised in pretrial motions, the judges proceeded from the standpoint that the search or seizure violated the constitution, placing the burden on the State to show otherwise. In actual practice it was difficult for a defendant to win a suppression motion at the trial court level though. The State Superior and Supreme Courts would use strict scrutiny on appeal.
