UNLAWFUL DETENTIONS AND SEARCHES BY THE POLICE
What happens very often is that people don’t know that they were unlawfully stopped or searched by the police. In most cases, if you were unlawfully detained or searched, the evidence that is found by law enforcement as a result of that unlawful act has to be thrown out.
If you were searched without a warrant and the search was unreasonable, or if there was a warrant but the search was conducted improperly as it applied to the warrant, then the search was unlawful.
If you were unlawfully detained or searched, your lawyer can file a suppression motion to exclude the incriminating evidence.
If law enforcement violated your rights to find the evidence, your criminal defense lawyer can file what is called a suppression motion per Penal Code 1538.5. It is to SUPPRESS the evidence that was found from that unlawful activity.
When will the judge hear the motion?
For felonies, the motion to suppress is usually heard at the preliminary hearing. For misdemeanors, it is heard anytime before trial.
What happens if you win the suppression motion?
Most of the time, the evidence that is excluded is so important that the prosecutor will dismiss the case because they can no longer prosecute the case.
Having evidence excluded is a great tactic that a criminal defense lawyer can use to get a case dismissed. Call us today so that we can help you with your case. We pride ourselves on fighting cases aggressively in LA County, Orange County, Riverside County, San Bernardino County, and all over southern California. We fight both state AND federal cases. Call us at 213-235-7969 so that we can help you with your case today.