Penal Code 1538.5: Unreasonable Search & Seizure

December 2, 2015

Punishment for Drunk Driving

One of the best ways to win your case without going to trial is to win a search and seizure motion.  Search and seizure motion is known as PC 1538.5 motion in California.
California Penal Code section 1538.5 does not allow police to search you or your car without a good reason.
→When police do not have a good reason to stop you – you have “unreasonable searches and seizures” – a violation of the US constitution. 
If this happens, you or your lawyer have to file a motion to suppress the evidence of your guilt.   Even if you are guilty, if the evidence was obtained illegally, the court has to dismiss your case.
In drunk driving cases Los Angeles,  motion for search and seizure will help you a lot.  Drunk driving in California is a serious crime that can be a felony or a misdemeanor. After a DUI arrest in Los Angeles, the arrested driver will be brought to court, if in custody, or cited for a future date, if he is released from the jail with a promise to appear.

Criminal cases are entitled to many protections that are not available for non-criminal cases.  As you surely guessed, one of such protection is the 4th amendment to the US Constitutional, commonly known as the right against “unreasonable searches and seizures”.  It is the law that stops police from searching anyone or anything without a good reason.  For example:
(1) police can not stop a car without seeing a violation of traffic law –  such as speeding.
Procedurally, Los Angeles DUI attorney will file documents in court that will ask the court to throw out the results of the alcohol test and anything else police saw when they saw you being drunk. When that happens, the government can not go forward with their case and are forced to dismiss it. The law is to give the government ten days to reply to the paperwork and then have a hearing. During the hearing, the police officer who arrested you will testify and try to explain to the judge the reason he stopped your car. When he is unable to give a good reason to the judge, the court will order “suppression of the evidence”. “Suppression of the evidence” means that the judge does not allow the police to say things like “he smelled of alcohol” or “his blood-alcohol level was above the limit”. Sometimes not all evidence is suppressed, for example, only the results of the PAS test can be suppressed. Los Angeles DUI attorneys are experts in knowing how to fight criminal cases using search and seizure motions, also knows in California, as a motion to suppress evidence under Penal Code 1538.5.
Another way a motion under Penal Code 1538.5 can be used is to suppress blood test results.   
How?  By showing that there is no clear consent to submit to the blood test.  Or, by showing that cops told you that you had to do it.  A demand from police is coercion and courts don’t like it.
Our firm specializes on defending cases through motions.  If cops told you you had to do something – you might be able to win your case.  Also, if the police did not explain the consequences of refusing the test, you can get it suppressed.  You going to need an aggressive attorney to help you win your DUI case.
EXAMPLES FROM CASE LAW:
  • In Re F.E. problem: “not all screeching of tires is a violation of the statute”.  This case involved reckless driving (California Vehicle Code 23109).  The court discussed what is reckless driving.  Will any screeching tires allow cops to pull you over? There, F.E. was driving recklessly and the judge found him guilty. He appealed and the court found that even though F.E., he was guilty; not all tires “breaking traction” is a violation of the law (67 Cal. App. 3rd 222).  This is one of the great cases to argue when defending a Los Angeles DUI case through search and seizure hearing.
If you believe that you were stopped without a good reason, please call our office (818) 921 7744 to talk to Los Angeles DUI Lawyer directly during daytime or after hours. We are always waiting for your call and hope to help you defend your DUI.
waste of timepoornot badgoodexcellent (No Ratings Yet)
Loading...

One response to “Penal Code 1538.5: Unreasonable Search & Seizure”

Leave a Reply

Your email address will not be published. Required fields are marked *

ATTENTION

THIS WEBSITE IS CREATED FOR ADVERTISEMENT PURPOSES AND DOES NOT ESTABLISH AN ATTORNEY CLIENT RELATIONSHIP. UNLESS THERE IS A CONTRACTUAL AGREEMENT BETWEEN ATTORNEY AND CLIENT. DO NOT USE INFORMATION ON THIS WEBSITE FOR LEGAL ADVICE WITHOUT TALKING TO AN ATTORNEY ABOUT SPECIFICS OF YOUR CASE. EXAMPLES AND CONSULTATION WILL NOT GUARANTEE INDIVIDUAL RESULTS.
ALL CONTENT ON THIS SITE IS CREATED FOR ATTORNEY ALEX ANDRYUSCHENKO