Sample motion to suppress evidence for California under Penal Code section 1538.5.

Sample Motion to Suppress Evidence for California under Penal Code section 1538.5

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Sample Motion to Suppress Evidence for California under Penal Code section 1538.5.

This sample motion to suppress evidence for California is made pursuant to Penal Code section 1538.5 and is made on the grounds that evidence was obtained from a search of a defendant’s home or person without a warrant or probable cause, and that defendant did not voluntarily consent to the search.

The sample has been revised and updated in 2019, is 9 pages and includes,

  • Brief instructions,
  • Memorandum of points and authorities with citations to case law and statutory authority,
  • Sample declaration, and
  • Proof of service by mail. 

The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale.

Note that the author is NOT an attorney and no guarantee or warranty is provided.