Sacramento, CA asked in Criminal Law for California

Q: When do I file motion to suppress evidence and in what grounds

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: A motion to suppress evidence is typically filed prior to trial, often during the pretrial phase after an arraignment or preliminary hearing. The exact timing may vary depending on the jurisdiction and local court rules. Generally, the motion should be filed with sufficient time for the court to schedule a hearing on the matter before the trial begins.

As for the grounds on which a motion to suppress can be filed, there are several common reasons:

1. Unlawful search and seizure: If the evidence was obtained through an illegal search or seizure in violation of the Fourth Amendment, it may be suppressed.

2. Miranda violations: If a suspect's Miranda rights were violated during an interrogation (e.g., not being informed of their right to remain silent or right to an attorney), their statements may be suppressed.

3. Lack of probable cause: If an arrest or search warrant was issued without sufficient probable cause, the evidence obtained as a result may be suppressed.

4. Chain of custody issues: If the prosecution cannot properly establish the chain of custody for a piece of evidence, it may be suppressed due to the risk of tampering or contamination.

5. Violations of the right to counsel: If a suspect's right to counsel was violated, any evidence obtained as a result may be suppressed.

6. Entrapment: If the defendant was induced by law enforcement to commit a crime they would not have otherwise committed, the evidence may be suppressed.

It's crucial to consult with a criminal defense attorney to determine the appropriate grounds for filing a motion to suppress based on the specific circumstances of your case and the laws of your jurisdiction.

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