UNREASONABLE SEARCH AND SEIZURE: How to Suppress Evidence

LOS ANGELES SEARCH AND SEIZURE LAWYER
This article series has focused on the Fourth Amendment protections against unreasonable searches and seizures.  A brief overview of Fourth Amendment law suggests that police need a warrant or exigent circumstances to search a home, but only probable cause or a lawful arrest to search a vehicle.

When police violate these guidelines, the courts have created an exclusionary rule, whereby unlawfully obtained evidence can be thrown out of court.  In California, evidence is suppressed via a motion pursuant to Penal Code 1538.5

In 1961, the US Supreme Court laid out its prophylactic rule for evidence exclusion in the case of Mapp v. Ohio and applied the rule to the states.  The Mapp Court recognized that letting law enforcement use unlawfully obtained evidence would lead to more rights violations for the innocent.  Only by suppressing evidence when police violate a suspect's Fourth Amendment rights can the courts ensure that law enforcement officers will not violate the rights of citizens in order to find contraband. 

Other Articles in this Series: 
UNREASONABLE SEARCH AND SEIZURE:  Stop and Frisk and Search of Persons
UNREASONABLE SEARCH AND SEIZURE:  What constitutes a search?
UNREASONABLE SEARCH AND SEIZURE:  Consent Searches
UNREASONABLE SEARCH AND SEIZURE:  Search of Vehicles and Effects

EXAMPLE:
Gary is pulled over by the LAPD in Los Angeles.  The neighborhood is known for heavy narcotics trafficking and his car is traveling away from a well-known corner for drug sales.  Officers did not observe Gary buy any narcotics, but are suspicious of the location and believe that many of the cars driving away from that corner have just purchased drugs.

The officers believe that Gary is acting nervous and ask him to step out of the vehicle.  Immediately upon his exit from the vehicle, Gary is handcuffed.  The officers then pat Gary down "for weapons" and notice a small object in his right front pants pocket.  Inside the pocket is a small bag, containing cocaine.  Gary is arrested.  After the arrest, officers search the car and find an unlicensed firearm.  Gary is charged with two felony counts, one for the drugs and one for the gun.  Gary hires a Los Angeles Criminal Defense Attorney to file a motion to suppress the evidence.

At the arraignment, Gary's attorney obtains copies of the police reports and then requests additional evidence through a process called discovery.  Gary's attorney knows that the police car had video and audio and can use that additional evidence to show the judge what happened at the motion hearing.  At the preliminary hearing, Gary's attorney argues the motion to suppress.  Through effective cross-examination of the officers, the criminal defense attorney can show that the police's suspicion of Gary was not supported by probable cause.  The police needed more evidence of guilt before they could handcuff and search Gary.  While the police report may have contained some lies or omissions, the testimony at the hearing made clear that the police violated Gary's Fourth Amendment rights.  Due to the violation, the judge would grant the motion to suppress the evidence and the charges against Gary will be dismissed.

If you, or someone you know, has been arrested or charged with a crime on the basis of an alleged consent search, you need a California Criminal Defense Attorney who can assert your rights by filing and arguing a motion to suppress the evidence against you.  Contact our office for a free consultation.

IMPORTANT LINKS:
LA Sheriff's Inmate Locator 
Los Angeles Superior Court  
Los Angeles Police Department
Los Angeles Felony Bail Schedule
Los Angeles Misdemeanor Bail Schedule

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
NL@iDefendLosAngeles.com
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

By Nicholas Loncar

---