Unlawful Police Stops: How a Motion to Suppress (PC 1538.5) Can Win Your Case
When you are facing criminal charges in Santa Clara County, the state’s entire case often hinges on evidence seized during a traffic stop, a street detention, or a search of your home. Most people assume that if the police found contraband, weapons, or incriminating items, a conviction is inevitable.
That assumption is flat wrong. Under the Fourth Amendment of the U.S. Constitution and California law, law enforcement officers must strictly adhere to constitutional limits. If officers cut corners, lack reasonable suspicion to pull you over, or search you without valid probable cause, that evidence was obtained illegally.
The primary legal mechanism to hold police accountable is a Motion to Suppress Evidence under California Penal Code 1538.5. Here is how it works and why it is one of the most powerful weapons in criminal defense.
1. The “Fruit of the Poisonous Tree” Doctrine
If the initial stop or detention was illegal, every single piece of evidence discovered after that moment is considered tainted. Whether it is a firearm found under a seat, narcotics in a glovebox, or statements made during an interrogation, an unlawful stop poisons the entire investigation. If the judge grants a PC 1538.5 motion, that tainted evidence is excluded entirely from trial.
2. Common Fourth Amendment Violations
Unlawful police conduct happens every day on Bay Area roads and highways like I-880, US-101, and Highway 280. Frequent constitutional violations include pretextual stops without real vehicle code violations, unlawfully prolonging a traffic stop to wait for K-9 drug-sniffing units, searching a vehicle without consent or warrant, and conducting pat-downs without reasonable suspicion of a weapon.
3. Forcing a Complete Dismissal
Prosecutors cannot proceed without evidence. When a skilled defense attorney wins a PC 1538.5 suppression hearing, the District Attorney’s office is often left with zero admissible evidence to present to a jury. In the vast majority of cases, winning a motion to suppress forces the prosecution to dismiss all charges immediately.
Holding Law Enforcement to the Strict Letter of the Law
Challenging police conduct requires relentless courtroom preparation, detailed review of body-worn camera footage, and aggressive cross-examination of arresting officers. When your freedom is on the line, you have to fight, scrape, and hustle with every case.
With over 25 years of courtroom experience in Northern California, the Law Offices of Holden W. Green provides the tenacious, boutique defense you need to dismantle flawed police work and protect your constitutional rights.
Law Offices of Holden W. Green
99 S. Almaden Blvd, Suite 602, San Jose, CA 95113
Believe your search was illegal? Contact our office for a confidential defense strategy consultation.
