Penal Code 1538.5: Unreasonable Search & Seizure

December 2, 2015

Penal Code 1538.5

California Penal Code 1538.5 disallows unreasonable searches and seizures and gives procedure to follow when the police don’t follow the rules.

A drunk driving is a crime in California 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 constitutional protections that are not available for non-criminal cases. One of such protection is the 5th amendment US Constitutional right against “unreasonable searches and seizures”. Basically, it is a law that stops police from arresting people without a good reason. For example, usually police can not stop a car without seeing a violation of some traffic law, such as speeding. In California, 5th amendment is also adopted as a statute.

Procedurally, Los Angeles DUI attorney will file paperwork that will ask the court to through 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 when the consent to submit to the blood test is not clear or when forced blood draw was used on you or your loved one. We specialize in defending cases where consent to draw blood was not obtained voluntarily. May be police did not explain the consequences or coerced blood draw. You need an aggressive attorney who specialized in defending and litigating cases with difficult facts.

If you believe that you were stopped without a reason 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.

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

  1. Smith says:

    nice post

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