Q: If we got pulled over for a false reason does that make the stop and subsequent charges that followed inadmissible
We were pulled over for turning right after stopping at a red light. The cop said there was a sign stating 'no right turn on red' but I went back to the intersection and thoroughly looked for a sign stating that and there was none. Doesn't that make it an illegal stop and thus any charges obtained from this stop won't hold up in court
A:
First of all, did they do a search of you and the car, find something illegal and arrest or cite you for that (misdemeanor or felony) or did you just get a ticket for No left turn (infraction)?
If you just got a traffic ticket, then the cop’s observation is not inadmissible, but it is subject to cross examination and impeachment! Make sure you take photos; hopefully this just happened and the signage is the same as the date of the alleged violation. If time has passed you should also subpoena the Records from the Department of Transportation to show what signs, if any, were in place on the date in question.
If they found something and someone was arrested or cited for a felony or misdemeanor, then you are correct that it may be subject to a Motion to Suppress (Penal code section 1538.5) where a magistrate would rule on the legality of the stop. If the officer testifies that you were stopped for that reason and your attorney shows the Judge credible evidence that the officer is lying, they would grant the Motion and everything found after that would be deemed inadmissible!
If a Motion is going to be run, you also need to do Discovery of the cops Communications when they were pulling you over as well as any body cam footage so you can impeach them if they try to come up with a different reason for the stop ( commonly expired tabs, broken taillight etc).
Good luck!
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