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 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.