While we’d all like to believe that the police are here to protect us and never do anything wrong or abuse their power, this simply isn’t the case. If the police have searched or seized you, your house, your car, or other property illegally, an experienced criminal defense attorney can file a motion to suppress in an attempt to have that evidence thrown out. While you will need an attorney’s help, it’s still a good idea to learn as much as you can about a motion to suppress so you can be involved in your case and understand what’s going on.
If your lawyer believes that you were illegally detained and/or searched, they can argue a motion to suppress at the preliminary hearing or at a separate pretrial hearing. The preliminary hearing occurs before your case gets to trial. At this hearing, the judge will be introduced to some preliminary evidence and testimony and decide if there’s enough evidence to send your case for a trial. The purpose of the motion to suppress is to get evidence thrown out so the prosecutor can’t use it at trial or at the preliminary hearing.
For example, if the police searched you illegally and found drugs, your lawyer can argue that the evidence should be suppressed because it was a result of an illegal search. If the only charge you’re facing is possession of a controlled substance, the case will almost certainly be dismissed if the motion to suppress is granted.
If you’re also being charged with distributing a controlled substance and the prosecutor has other evidence that could corroborate this charge, it’s possible that they would move forward in the case and try to prove all of the elements of the crime without introducing the fact that drugs were found on you.
In order to defend your rights, it’s important to know your rights. The following scenarios are examples of when a search or seizure is unlawful:
The search was done without a warrant, and it was unreasonable
The search was performed with a warrant, but was unreasonable for one of the following reasons:
The warrant was insufficient
The property or evidence seized was not listed in the warrant
The warrant was issued despite the fact that no probable cause existed
The warrant was conducted in a way that violates the California or United States constitution
Law enforcement violated other state or federal constitutional standards
One of the most common scenarios that leads to a motion to suppress is when the police stop someone on the street without reasonable suspicion or probable cause, and then proceed to search them. In order to stop a pedestrian, the police must have reasonable suspicion that the individual is committing a crime or is about to commit a crime. If you’re just walking down the street and the police stopped you and searched you without reason, a motion to suppress can be filed and may be successful.
If the police stop you illegally and recover evidence, this evidence can be suppressed. Additionally, if they recover evidence after illegally stopping you based on something you say while you’re detained, this evidence will likely be considered fruit of the poisonous tree – meaning it resulted from an illegal stop, so anything that comes after that is not admissible. In this case, a motion to suppress should be filed.
Anytime you’re stopped and searched by the police, this can be a traumatic experience. It can be even more frustrating and scary when the police are searching you unlawfully. While the police have a job to police communities and keep them safe, we as citizens and defense lawyers have a job to make sure the police aren’t abusing their power. If you’ve been stopped and searched illegally, Attorney William S. Kroger can help. He is admitted to practice in several federal jurisdictions and is capable of handling any type of criminal offense in the state of California. Attorney William S. Kroger will do everything necessary to protect you and your rights. Don’t hesitate to reach out for a free, confidential consultation. Set up a meeting by calling 323-655-5700 or by messaging us today.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Sed sed augue mauris. Integer placerat et massa in pharetra. Cras diam mi, tincidunt nec erat in, mollis sagittis sapien. Quisque ultrices id diam quis dapibus. Nullam ac erat ac justo convallis fringilla nec ut purus. Vivamus volutpat orci et lacus tempus fringilla. Morbi sed erat vel nisi blandit placerat eget eget sapien.
Nulla eget tristique leo. Proin dignissim tellus nec risus congue fringilla. Donec interdum purus sem, a finibus ante efficitur ornare. Quisque ullamcorper pharetra lacus, vitae pharetra magna pretium vel. Donec aliquet purus sed pellentesque mollis. Pellentesque vestibulum eget massa in facilisis. Phasellus eu risus non metus consectetur facilisis. Interdum et malesuada fames ac ante ipsum primis in faucibus. In vitae fermentum enim, in vulputate diam. Aliquam malesuada urna suscipit, elementum sapien ac, posuere nisl.
Integer malesuada leo quis erat imperdiet aliquet. Aliquam ut eros vulputate, pharetra nulla quis, bibendum justo. Suspendisse justo leo, efficitur vel ex nec, fermentum condimentum dui. Suspendisse ut massa sit amet ligula mattis viverra. Sed sed turpis ligula. In vulputate, enim sit amet laoreet blandit, elit nisl fermentum odio, nec convallis libero dolor nec tellus. Donec rutrum nibh non nibh tincidunt, non iaculis diam dignissim. Sed nec massa pellentesque, gravida sem id, lobortis nisi. Integer turpis metus, sagittis vitae metus vel, feugiat congue nibh.
Vestibulum sed arcu eleifend ipsum eleifend semper nec sed est. Nam dapibus massa ut scelerisque egestas. Integer at elit faucibus elit molestie luctus. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Curabitur nulla neque, rhoncus sit amet ultricies ac, sagittis ac nibh. Praesent mattis ultricies nisi vitae efficitur. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Nunc ullamcorper non est vitae faucibus. Duis pellentesque magna fermentum leo molestie, et dapibus diam dictum. Vivamus eu purus ullamcorper, consequat diam quis, blandit eros. Cras ultrices finibus metus, eget tempor sem euismod quis. Interdum et malesuada fames ac ante ipsum primis in faucibus.
Class aptent taciti sociosqu ad litora torquent per conubia nostra, per inceptos himenaeos. Fusce hendrerit arcu vel nisi bibendum, nec accumsan nunc sollicitudin. Mauris eu pretium ante, at rhoncus metus. Nunc dignissim turpis vel libero commodo imperdiet. Vestibulum ante ipsum primis in faucibus orci luctus et ultrices posuere cubilia curae; Donec gravida arcu eu turpis lobortis, vitae bibendum lectus egestas. Phasellus gravida eleifend ligula, eu sagittis diam rhoncus ut. Suspendisse fringilla ipsum eu purus tincidunt ornare. Vestibulum tincidunt enim eu ante mattis interdum. Integer molestie, est quis tincidunt dapibus, ex diam ultrices enim, nec vestibulum lectus orci non elit. Etiam vestibulum justo erat, ut vulputate urna dapibus vitae. Fusce ultrices lacus ac eros scelerisque, non malesuada neque ultrices. In pretium mi sed eros pharetra, eu molestie felis consectetur.
This page was reviewed and approved by William S. Kroger, a leading criminal defense attorney in Los Angeles. Mr. Kroger has decades of experience defending clients in both state and federal courts. He is recognized for his strong trial skills and dedication to protecting the rights of the accused. Throughout his career, he has successfully represented clients facing a wide range of serious criminal charges. His personalized defense strategies are designed to achieve the best possible outcome in every case. Clients trust Mr. Kroger for his knowledge, commitment, and proven results.
He is also an active member of respected legal organizations, including the American Bar Association and the National Association for Criminal Defense Lawyers. With his expertise and reputation, William S. Kroger is regarded as one of California’s top defense lawyers.
"*" indicates required fields
