Q: If I could prove a traffic stop was an illegal stop by the police would I get whatever was seized from the search back ?
I was pulled over for turning right on a red light supposedly there was a sign stating that was illegal but I went back and scanned the whole area and could not find any sign that said so making that stop and illegal stop. When I go to court and prove that I should get whatever was seized from the subsequent search of my vehicle back correct?
It's not as simple as walking into to court with pictures or even video tape showing that the intersection did not have a sign posted that it was illegal to make a right turn on a red light. You don't know it that was the only reason the cop pulled you over. If evidence was seized supporting other charges, the cop report may reflect that or other reasons why the stop was made as cops are known to lie.
A formal motion will need to be filed to suppress any evidence seized as a result of warrantless search. This in not a DIJ motion. It requires legal points and authorities why the stop was unlawful and the evidence seized should be suppressed. Also, a hearing will be held in where your attorney gets a chance to cross-examine the cop who stopped and arrested you to poke holes in the DA's case.
I suggest you consult with a skilled and experiences criminal defense attorney who specializes in unlawful search and seizure law. Depending on nature of the items seized and other charges which may be filed, you may have a lot at stake in making sure you have the best chance to win.
Dale S. Gribow agrees with this answer
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