Motion to Suppress Evidence Pursuant to PC § 1538.5

Motion to Suppress Evidence Pursuant to PC § 1538.5About 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:

  1. Warrantless Search or Seizure was Unreasonable;
  2. 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”

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On all criminal cases we offer a Free initial consultation. This is your chance to gain candid advice on potential outcomes and implications of your criminal charge. You will meet with our attorneys, go over the facts of your case, relevant law and San Diego procedures. You will leave with a checklist of items we feel will take your case to a successful outcome.

Scott Hullinger, Esq.

Scott Hullinger, Esq.

San Diego Criminal & Civil Attorney

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