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Penal Code 1538.5: Unreasonable Search & Seizure
One of the best ways to win your case without going to trial is to win a search and seizure motion. Search and seizure motion in California is known as a motion under PC 1538.5. California Penal Code section 1538.5 does not allow police to search you or your car without a good reason. →When the police do not have a good reason to stop you – you have an “unreasonable search”, which is a violation of the 4th amendment to the U.S. Constitution, California Constitution, and California Penal Code statute 1538.5. In a situation like this, you must file a motion to suppress the evidence that the police are trying to use at trial to prove that you are […]