Section 11.31 Burden of Proof

• Library: Criminal Practice 2012 Supp

A. (§11.31) Burden of Proof

The initial burden of proceeding with the motion to suppress is on the defendant. Once the defendant has made the allegations regarding the inadmissibility of statements, the state bears the burden of proof to show that the statement was voluntary and that the police complied with Miranda v. Arizona, 384 U.S. 436 (1966). SeeState v. Williams, 956 S.W.2d 942, 947 (Mo. App. W.D. 1997). In the absence of a motion or objection, the state is under no obligation to prove compliance with Miranda. State v. Groves, 646 S.W.2d 82, 84...