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

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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 can be modified for use in most situations, is 9 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service by mail.  The author is a freelance paralegal that has worked in California and Federal litigation since 1995. Note that the author is NOT an attorney and no guarantee or warranty is provided.