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SUPPRESSION OF EVIDENCE UNDER CALIFORNIA PENAL CODE SECTION 1538

03-06-2015


Suppression of Evidence under Penal Code Section 1538.5(a)(1)

Under Penal Code Section 1538.5(a)(1), a defendant may move for the return of property or to suppress as evidence any tangible or intangible thing obtained as a result of a search or seizure on any of the following grounds:

  1. A warrantless search or seizure was unreasonable;

  2. A search or seizure with a warrant was unreasonable because:

a. The warrant is insufficient on its face;

b. The property or evidence obtained is not that described in the warrant;

c. There was not probable cause for issuing the warrant;

d. The method of execution of the warrant violated federal or state constitutional standards;

e. There was any other violation of federal or state constitutional standards.

This type of motion can be an extremely powerful tool because if granted by the court, generally it leads to charges against a defendant being reduced or outright dismissed against him/her.

Defendant’s motion must be made in writing, and must be accompanied by a memorandum of points and authorities and proof of service. The memorandum must list the specific items of property or evidence sought to be returned or suppressed, and must set forth the factual basis and the legal authorities that demonstrate why the court should grant the motion.

If you have been charged with a crime consulting with a San Diego Criminal Lawyer that will evaluate the facts of your case to determine whether the search conducted was lawful can make a big impact on having the entire case against you potentially dismissed.

If you feel that your rights have been violated or to discuss the possibility of whether a motion to suppress would be a beneficial tool in your case, contact our office for your FREE and CONFIDENTIAL case evaluation. San Diego Criminal Defense attorney Omid Rejali, Esq. will personally consult your case with you and make sure that your rights are being protected.



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