State v. O'Brien

In re: Robert O’Brien, et al applying for writs of certiorari, prohibition, mandamus and habeas corpus and stay order. Parish of St. Bernard.

Writ granted. The ruling of the trial judge is set aside and the case is remanded for a new hearing on the motion to suppress. When the mover has shown that the evidence was seized without a search warrant, the burden of proof is on the State. Vale v. Louisiana, 399 U.S. 30, 90 S.Ct. 1969, 26 L.Ed.2d 409 (1970).