Motion to Suppress Evidence Under Penal Code Section 1538
July 31, 2019
Imagine that you are sitting in a parked car, listening to music. A police officer approaches your car and demands that you step outside of the car. After you step outside, he goes through the whole car looking for drugs or other evidence that he can use against you. He then finds something illegal and charges you with being in possession of it. It is your word against the police officers as to what happened. Is this a winnable case? You betcha!
After a person has been stopped by a police officer, if evidence was obtained illegally during that stop a person has the right under Penal Code Section 1538 to have that evidence suppressed.
The petition asks the judge to exercise his/her authority to suppress the illegally obtained evidence that was seized during an unlawful stop.
For many people, the advantage is that the evidence seized would not be allowed to be presented during court proceedings.
The Section of the Penal Code that makes it possible to get evidence suppressed is Section 1538.5 of the Penal Code. This law can be complex to apply so it helps to hire an attorney who is familiar with the law and how it is to be correctly applied.
The person who was stopped must have been done so unlawfully and the evidence must have been seized during this stop.
Any time a police officer stops someone on nothing more than a hunch, that stop is an illegal detention and all of the evidence seized must be suppressed. See also In re Tony C (1978) 21 Cal. 3d 888 at page 893
“An investigative stop or detention predicated on mere curiosity, rumor, or hunch is unlawful even though the officer may be acting in complete good faith.” See also U.S v. Socey (1988) 846 F.2d 1439 at page 1446
It is important to hire an attorney who is familiar with the court and the judges where the petition will be filed. At McCready Law Group, our attorneys are familiar with the courts in Long Beach, Bellflower, Downey, Inglewood, Compton, Norwalk, Los Angeles (Airport Courthouse, Metropolitan Courthouse, the Clara Shortridge Foltz Criminal Justice Center, and others), Van Nuys, Torrance, Whittier, Beverly Hills, Santa Monica, East Los Angeles, San Fernando, Santa Clarita, West Covina, Pomona, Lancaster, Westminster, Fullerton, Newport Beach, Orange, Santa Ana, Riverside, Rancho Cucamonga, San Bernardino, Vista, Ventura, Victorville, San Diego, Murrieta, and others.
Please call us today at (562) 364-7350 for assistance in getting an arrest record sealed. Our attorneys are ready to give you a detailed consultation. We have been assisting Southern California residents with arrests and criminal cases for over 12 years. Mr. McCready is a criminal law specialist, certified by the California Board of Legal Specialization. This is a very rare designation and it has helped Mr. McCready to get cases dismissed as well as get petitions to seal and destroy arrest records granted.
Consultations are normally free and can be done in person or over the phone. Attorney fees can sometimes be made in payments depending on your legal needs and your credit worthiness. Call today! We are waiting for you to call!