Does the burden of proof rest on the defense or the prosecution in a suppression motion when the defense alleges that the defendant has requested counsel and was still interrogated but does not offer any evidence of the alleged interrogation?

To be specific, the video was not entered into evidence but played by the defense in court. The officer testified that the defendant responded to a question about DRE after arrest by saying "I'm not doing nothing without my attorney." The officer asked no more questions and the defendant refused any further testing for the DRE after blowing 000s on Intox. The judge grants defendant's request to suppress the rest of the video based upon that request and Edwards v. Arizona--custodial interrogation violation. I argued in the hearing that no evidence was presented, nor does any exist on the video, of any interrogation whatsoever.

I know in detention and arrest, it's my burden to show reas susp, prob cause, etc., but that is where warrantless arrests are presumptively invalid. So is it also my burden to prove a negative--i.e. that there was no interrogation for a custodial interrogation argument? Since the video was not entered, am I barred from appealing because I did not create a record? Or does that mean the defense did not prove their burden of showing custodial interrogation--meaning the lack of record would be in my favor??

The CCA just issued an opinion on the subject and held that the defendant has the burden of proving "custodial interrogation." For the opinion, click here.

Absolutely, I am lucky on this...I should have just entered the video, but was thinking that was my only copy and to be honest was not anticipating suppression!! Lesson learned! Thank you.