March 2, 2009 By Wallin & Klarich

Why you need a criminal defense law firm to win your motion to suppress evidence


If you’re a defendant in a criminal case, you should ask your California criminal defense attorney about the possibility of filing a motion to suppress evidence under California Penal Code Section 1538.5. Under PC 1538.5 a defendant may to suppress evidence obtained by the government during a search or seizure on either of the following grounds:


  1. The search or seizure without a warrant was unreasonable
  2. The search or seizure WITH a warrant was unreasonable because any of the following apply:
    1. the warrant was insufficient on its face;
    2. the property obtained is not that described in the warrant
    3. there was no probable cause for the issuance of the warrant
    4. the method of execution of the warrant violated federal or state constitutional standards
    5. there was any other violation of federal or constitutional standards

In other words, if the cops screw up and do something unconstitutional such as stopping you without reasonable suspicion or searching you without probable cause, the prosecutor cannot use that evidence against you in trial, such as possession of drugs. It’s a wonderful tool that any good criminal defense attorney will know to use.


When a defense files a 1538.5 motion, the burden is on the prosecution to prove that the police legally recovered all of the evidence. This evidence includes statements that the defendant made directly resulting from the illegal search or seizure.


A good San Diego criminal defense lawyer will know when this motion is appropriate.

Before you talk your attorney be make sure to do your homework and give your attorney a written step by step description of the events that lead to your arrest.


The more information your attorney has, the better. He or she will make the determination of which facts are important and which are not relevant to your case. Make sure to give them as much ammunition as possible.

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