Have Your Rights Been Violated? | Search and Seizure 1538.5 Motion
Do you think that your rights may have been violated during an illegal search or seizure? At the Law Offices of Richard Sax, our criminal defense attorneys possess the skills and knowledge to effectively protect your rights, and a 1538.5 Motion is just one of many defenses that may help your case.
What Is a 1538.5 Motion?
A motion to suppress evidence in California under Penal Code section 1538.5 can request the suppression of evidence obtained as a result of a purportedly illegal search or seizure conducted in violation of the Fourth Amendment to the United States Constitution.
In People v. Zabala
Defendant, originally stopped for a traffic infraction, was convicted of transporting a controlled substance, possessing a controlled substance for sale, and driving with a suspended license. He challenged the trial court’s order denying his motion to suppress methamphetamine found in his car behind the dashboard console.
The removal of the console here exceeded the scope of a permissible inventory search, but the search was supported by probable cause and was therefore lawful under the automobile exception to the warrant requirement. The police had already found several other bags full of a white powder substance, giving them the probable cause to continue to search.
When a 1538.5 Motion Is Made
When a 1538.5 Motion is made, the defendant is responsible for proving that he has standing to remove the illegal search. When it comes to protecting your rights, you cannot take chances. You need a skilled criminal defense attorney who is experienced in litigation.