Motion to Suppress Evidence Pursuant to PC § 1538.5
About Motions to Suppress Evidence
A Motion to Suppress Evidence is a motion that asks a Judge to disallow evidence from being presented in future court hearings because of an unreasonable search or seizure. It’s brought by the defense pursuant to Penal Code § 1538.5.
Winning a Motion to Suppress Evidence can have a dramatic effect on a criminal case and may result in a dismissal of all the charges lodged against a defendant.
Legal Grounds for Suppression
A Motion to Suppress Evidence can only be brought under California Law on two (2) grounds:
- Warrantless Search or Seizure was Unreasonable;
- Warrant for Search or Seizure was Unreasonable.
“The purpose of the exclusionary rule is to deter illegal police conduct, not deficient police draftsmanship. People v. Superior Court (App. 6 Dist. 2007) 59 Cal.Rptr.3d 633, 151 Cal.App.4th 85”