How to get evidence thrown out of court (former DA explains)

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A former Los Angeles deputy DA explains how to get evidence thrown out of court by way of a motion to suppress evidence.

California Penal Code 1538.5 allows a defendant to challenge evidence that was discovered by way of an illegal search and seizure in violation of the Fourth Amendment of the US Constitution.

The three bases for a suppression motion include: (1) the police searched without a warrant and without probable cause, (2) the police had a defective search warrant, and (3) the police exceeded the scope of the warrant.

If the motion to suppress is successful, the judge will generally exclude the evidence from court. This usually results in the entire criminal case being dismissed.

A former deputy district attorney -- now a California criminal defense lawyer -- explains.
10 سال پیش در تاریخ 1393/10/04 منتشر شده است.
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