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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
Any Street
2 Any Town, CA 55555
3 714-555-5555
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NOTICE OF MOTION AND MOTION TO SUPPRESS EVIDENCE
1 TO THE DISTRICT ATTORNEY OF THE COUNTY OF ____________________:
2 PLEASE TAKE NOTICE that on _______________ at ___________, or as soon thereafter as
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the matter may be heard in Department ___of the above entitled court, located at
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____________________________________________, Defendant __________ will and hereby
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does move this Court pursuant to Penal Code 1538.5 to suppress all evidence resulting from their
7 detention and arrest on __________, specifically but not limited to, LIST EVIDENCE TO BE
8 SUPPRESSED. This motion is made on the grounds that the LIST WHETHER CAR OR HOME
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and defendants person were searched without a warrant and without probable cause, and without
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defendants consent.
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This motion is based on the declaration of LIST NAME OF PERSON(S) SIGNING
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13 DECLARATION, the supporting memorandum served and filed with this motion, the records and
14 file in this matter, and on such other oral and documentary evidence as may be presented at the
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hearing of this motion.
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Be sure to modify these paragraphs to suit your individual
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situation. Do NOT just use the wording here unless it definitely applies
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20 to your particular situation. Review Penal Code 1538.5 for the notice
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period and timing of the motion which may depend on whether you are
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26 Dated________________ _______________________________________________
ANY ATTORNEY OR DEFENDANT
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NOTICE OF MOTION AND MOTION TO SUPPRESS EVIDENCE
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NOTICE OF MOTION AND MOTION TO SUPPRESS EVIDENCE