A motion to suppress evidence under California Penal Code § 1538.5 is one of the most powerful procedural tools in criminal defense. If police executed an illegal stop or search without a valid warrant or exception, all resulting contraband and statements must be excluded.
1. Grounds for PC § 1538.5 Suppression Motions
- Lack of Reasonable Suspicion: Traffic stops initiated on pretextual or insufficient traffic infraction claims.
- Warrantless Vehicle Search: Failure of law enforcement to establish probable cause under the automobile exception.
- Defective Search Warrant: Affidavits containing intentional falsehoods or reckless omissions (Franks v. Delaware motion).
- Fruit of the Poisonous Tree: Subsequent confessions or secondary evidence derived from an initial unconstitutional detention.