Motion to Suppress (Illegal Stop PC 1538.5))
Motion to Suppress Evidence Obtained from an illegal Stop of a Vehicle under California Penal Code section 1538.5. Use as is or as a template for your own ideas. Editable. Read to File. Complete.
This is a common Motion to Supress Evidence Obtained from an Illegal Car Stop. Ask the court to throw out the evidence because the stop was unconstitutional!
It is Written by experienced Criminal Defense Attorney Christopher Dort for those who wish to represent themselves and challenge the stop of their car either in traffic court or for a simple misdemeanor case such as Driving on a Suspended Drivers License (CA Vehicle Code section 14601.1)
Comes with EZ instructions. Just fill in your name, case #, etc. Get it filed with court clerk or hand it to the Judge. Ask for a ruling. Argue that the government has not meet its burden.
Very few details needed. It is the government's burden to prove the stop was legal. This Motion is designed to raise all of the possible important issues in a typical car stop. Includes real citations to real criminal case law.
"This is the same Motion I would use in a typical DUI case." - Attorney Christopher Dort
More info on Traffic Court Blog.com. We try to answer all reasonable questions about it via email. Just looking at it gives you ideas. There is no harm in making the motion, the court cannot charge you to make it. Should be used in any case where the reason for the stop does not appear on the face of the citation (ie, ticket only lists VC 12500(a), or only insurnace violation 16028 VC, or you just feel it was illegal). Can be used for any traffic court case with a car stop in CA.
Designed to preserve numerous issues for appeal so that you can challenge the Judge's ruling if your motion is denied.