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1538.5 Motion in Aliso Viejo

Has your private property been seized from you and are those items going to be used against you in a court of law? Do you feel that the evidence may have been seized from you unfairly or unlawfully? The 4th amendment of the US Constitution requires that if law enforcement does take your personal property, then it must be done so legally. Any illegal seizing of property - that is, the taking of property by means that are not in line with the 4th amendment - can be found to be a violation of your constitutional rights and be deemed inadmissible as evidence used to prosecute you for a crime.

If you feel that this may have been the situation for you, then you definitely need to call an experienced attorney to help you find the best course of action.

In Aliso Viejo, as in the wider Orange County and State of California, any evidence that has been unlawfully seized from you can be suppressed pursuant to Penal Code Section 1538.5. If the motion is successfully presented and granted by a judge, then the evidence will not be permitted in court against you.

Unlawful search and seizure

Penal Code 1538.5 is just one of the pretrial strategies that a competent attorney can use to challenge the charges that have been brought against you. This motion defines how a motion to suppress evidence should be filed.

Some of the conditions under which a judge can grant PC 1538.5 or a ‘motion to suppress evidence’ include:

  1. If an unreasonable police search was done without a search warrant or
  2. If evidence was seized through a search warrant that had faults including;
    • There was no probable cause to permit the search warrant
    • The warrant was deficient
    • The evidence seized wasn’t as described in the warrant
    • The search was conducted in a manner that violated the US constitution or the California constitution

In order to correctly obtain a search warrant, one must appeal to an authority that has the power to authorize an officer to search a certain location for evidence that criminal activity may be present, without the consent of the occupant being needed in order to do so. The judge must determine whether or not probable cause exists to believe that a search should be conducted. Probable cause for arrest is when there is enough evidence and suspension that exists that would lead one to believe that there is a fair chance that incriminating evidence may be on that occupant’s property. However, there are situations where a search warrant may not be required, such as in emergency situations, where the evidence may be lost if one does not act quickly, or when the consent of the occupant is given.

The motion to suppress is addressed either at your California preliminary hearing or suppression hearing. A criminal defense lawyer can best advise you on whether your 4th amendment rights were violated.

Contact Johnson Criminal Law Group today if you believe your search and seizure rights were violated.

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