This document is a notice of motion and motion to suppress evidence in a California criminal case. It notifies the district attorney that the defendant will move to suppress evidence from their detention, arrest, and search. Specifically, the defendant will argue that the search of their home/person was conducted without a warrant and without probable cause or consent. The motion is supported by a declaration and memorandum of points and authorities. The memorandum provides background on the incident, stating that police responded to the defendant's home after a 911 call, detained the defendant, and coerced them into opening a locked toolbox found in the home, discovering illegal items inside. The defendant argues any consent was involuntary.

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. 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. 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. 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