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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Scott Hullinger, Esq.

Scott Hullinger, Esq.

San Diego Criminal & Civil Attorney

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