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In California criminal cases, a motion to suppress proof is a pre-trial motion by the accused asking the court to exclude evidence gained by way of an illegal search. Often called a “suppression motion” or “1538.5 motion,” an accused makes the motion either
(1) as part of the preliminary hearing or
(2) at a separate pretrial hearing.
Penal Code 1538.5 provides that a bar shall suppress evidence that was acquired:
The Process for a Penal Code 1538.5 motion to suppress evidence
Based on whether you are charged with a crime , your motion to suppress record may be addressed:
A motion to suppress evidence is just one type of pre-trial motion that your criminal defense attorney may file in order to initiate a fight against the charges against you before your case even begins. Other pretrial motions incorporate Penal Code 995 PC motions to set aside the information, and Pitchess motions to get more information on potential police misconduct.
In order to help you better know how a Penal Code 1538.5 PC motion to repress works, the California criminal defense attorneys of Spodek Law Group will teach you the following:
1. What exactly is a 1538.5 motion?
California Penal Code section 1538.5 PC authorizes an accused to move for the elimination of any evidence that is result of an unlawful search and/or the return of any possession that was illegally seized.
The actual legal definition of an “unlawful search or seizure”
Penal Code 1538.5 PC gives the reasons why a search or seizure may be illegal—and, by extension, why a motion to suppress the evidence uncovered in that search may be honored.
The criteria are:
The Burden of proof for a motion to suppress
The question of who bears the burden of proof relies on whether or not the search or seizure was conducted without a warrant
The actual legal definition of “reasonable expectation of privacy”
Before the judge will even look at your 1538.5 motion to suppress evidence, you must prove that you had a “reasonable expectation of privacy” in the place that was explored or the items that were seized.
Places and property in which one does not have a reasonable expectation of privacy in California law include:
On the other hand, one can have a reasonable expectation of privacy in
The concept of “derivative” evidence / fruit of the poisonous tree
a motion to suppress evidence may also apply to other evidence that is the indirect result of an illegal search. This is referred to as “derivative” evidence.
If you attempt to argue through a Penal Code 1538.5 motion that certain evidence is “fruit of the poisonous tree” and should be eliminated, the prosecution will try to get the proof admitted anyway by arguing one of three theories:
2. What occurs at a motion to suppress hearing?
For Misdemeanor charges
If one faces only misdemeanor charges, your criminal defense lawyer may file a 1538.5 motion to suppress evidence as early as your California arraignment.
For Felony charges
If you face felony charge your defense lawyer has 2 options:
The Suppression hearing
The suppression hearing is where both parties have the opportunity to argue their positions on the motion to suppress. It happens before a judge—not a jury.
The suppression hearing will include some or all of:
Penal Code 1538.5 suppression hearings must adhere to the rules of the California Evidence Code.
Final ruling on a motion to suppress evidence
Once the judge has heard all of the arguments , he or she must rule whether to exclude or admit the controversial evidence. Depending on the details of the situation , the judge may also decide to grant the suppression motion in part—excluding some, but not all, of the evidence in question.
If the motion to suppress evidence is granted, the district attorney’s case against you may well fall apart. He or she may choose to
But if the district attorney is determined to press forward with the charges nevertheless, he or she may also
If the judge rules against you ,the evidence will remain justifiable. At that point, you and your attorney will decide together whether you should
If the judge does not grant your motion to suppress, you may then file an appeal within 30 days of the ruling.
Exceptions: Proceedings where suppressed evidence is still admissible
if you win on a motion to suppress evidence, that evidence may still be admissible at
3. Are there other pretrial motions to put forward?
A Penal Code 1538.5 motion to suppress is only one of several kinds of motions your California criminal defense attorney may choose to file as part of the pretrial process.
The Penal Code 995 PC motion to set aside the information
A Penal Code 995 PC “motion to set aside the information” is essentially a plea for the judge to dismiss one or more of the charges against you. Its reasonable to file this motion if you and your attorney believe that either:
The Pitchess motions
A California Pitchess motion is a plea for information contained in a law enforcement officer’s personnel file. Pitchess motions are only valid if you can show “good cause” to believe that the officer may be guilty of misconduct, and that the misconduct is relevant to the defense in your case. Recently, California Governor Gavin Newsom approved Assembly Bill 1600 (AB 1600) which shortens notice requirements and speeds up the timeframe for responding to Pichess Motions in criminal proceedings.
If you or a loved one is in need of assistance with Penal Code 1538.5 PC motion to suppress evidence and you are looking to hire an attorney for representation, we invite you to contact us at Spodek Law Group. We can give free consultation in office or by phone.
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