Sample motion to suppress evidence for California

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This sample motion to suppress evidence for California is made pursuant to Penal Code § 1538.5 to suppress evidence on the grounds that the evidence obtained was the result of a search and seizure conducted without a valid search warrant or probable cause, and without defendant’s consent. The sample document on which this preview is based is 9 pages and includes a memorandum of points and authorities with citations to case law and statutory authority, a sample declaration and proof of service by mail.

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Sample motion to suppress evidence for California

  1. 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Any Attorney or Defendant Any Street Any Town, CA 55555 714-555-5555 Any Attorney or Defendant Superior Court of the State of California For the County of _________________ The People of the State of California, Plaintiff, vs. Any Defendant Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. NOTICE OF MOTION AND MOTION TO SUPPRESS EVIDENCE; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF ________ DATE: TIME: DEPT: To subscribe to my FREE California weekly legal newsletter visit http://freeweeklylegalnewsletter.gr8.com/ and enter your e-mail address. Be sure to remove this notice and all other notices before using this document. To view more than 250 sample legal documents for California and Federal litigation visit: http://www.scribd.com/LegalDocsPro - 1 - NOTICE OF MOTION AND MOTION TO SUPPRESS EVIDENCE
  2. 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1TO THE DISTRICT ATTORNEY OF THE COUNTY OF ____________________: PLEASE TAKE NOTICE that on _______________ at ___________, or as soon thereafter as the matter may be heard in Department ___of the above entitled court, located at ____________________________________________, Defendant __________ will and hereby does move this Court pursuant to Penal Code § 1538.5 to suppress all evidence resulting from their detention and arrest on __________, specifically but not limited to, LIST EVIDENCE TO BE SUPPRESSED. This motion is made on the grounds that the LIST WHETHER CAR OR HOME and defendant’s person were searched without a warrant and without probable cause, and without defendant’s consent. This motion is based on the declaration of LIST NAME OF PERSON(S) SIGNING DECLARATION, the supporting memorandum served and filed with this motion, the records and file in this matter, and on such other oral and documentary evidence as may be presented at the hearing of this motion. Be sure to modify these paragraphs to suit your individual situation. Do NOT just use the wording here unless it definitely applies to your particular situation. Review Penal Code § 1538.5 for the notice period and timing of the motion which may depend on whether you are charged with a misdemeanor or a felony. Dated________________ _______________________________________________ ANY ATTORNEY OR DEFENDANT - 2 - NOTICE OF MOTION AND MOTION TO SUPPRESS EVIDENCE
  3. 3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MEMORANDUM OF POINTS AND AUTHORITIES I. INTRODUCTION On _____________, LIST DETAILS OF HOW THE DETENTION, WARRANTLESS SEARCH AND ARREST CAME ABOUT. The below is an example only for illustration and should be modified as to the specific facts of your particular situation. On ______________, police officer ____________ from the City of ___________ responded to a report that defendant had called 911 and said that there was someone trying to get into their house. Before hanging up, defendant told the dispatcher that they had a gun in a locked tool box in their house. On arriving at defendant’s house, Officer _____ called for back-up and also asked the communications center to have _____ meet them outside. When _____ came outside, they told the officers that two men had forced their way into the house. When the officers went into the house, they found no one there. But they did see the tool box, and they asked defendant to open it. When he refused, they told him to open it or they would take him to jail and throw the book at him. They also told them that they would take the tool box downtown and would hold it until they could open it. Defendant opened the tool box, and the officers found LIST ITEMS FOUND. Officer _____ told defendant that they were under arrest. Defendant contends that this motion to suppress evidence should be granted as the police officers in this action told defendant that, if they did not open their tool box for them, they would arrest and prosecute them and take the tool box to the police station where it could be opened. Any consent Defendant gave to opening the tool box was involuntary, - 3 - NOTICE OF MOTION AND MOTION TO SUPPRESS EVIDENCE
  4. 4. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 To view the sample document on which this preview is based visit: http://www.scribd.com/doc/216964612/Sample-Motion-to-Suppress- Evidence-for-California - 4 - NOTICE OF MOTION AND MOTION TO SUPPRESS EVIDENCE

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