Posted on July 15, 2016

What is a PC 1538.5 Hearing? – Motion to Suppress

A motion to suppress evidence is brought under Penal Code 1538.5. In that hearing, you allege that the police committed a violation of your Fourth Amendment right either by illegal search or unreasonable seizure. If the judge determines that the police committed an illegal search or seizure, the physical evidence and/or your statements may be ordered suppressed (inadmissible) and the government will unlikely be able to proceed with the charges against you.

A suppression hearing is made under PC 1538.5 which requires that your lawyer submit a formal motion to the court alleging what the theory under the Fourth Amendment was violated. A hearing will be held where most likely, a police officer will take the witness stand and testify as to the facts of why he or she detained you, stopped you, or search your vehicle, person, or home. After the evidence is presented, the judge will make the decision of whether a violation of your Constitutional right(s) occurred.

For more information about a motion to suppress evidence under PC 1538.5, contact Criminal Defense Lawyer John Rogers at the Law Offices of John Rogers.

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