⚖️ Criminal Defense• Published: September 2, 2026
California Penal Code 1538.5 Motions to Suppress: Fourth Amendment Evidence Exclusion
Legal Review: State Bar of California Defense Counsel Directorate • Southern California Trial Bar
Under California Penal Code § 1538.5, criminal defense counsel can move to suppress any evidence obtained through unlawful law enforcement detention, search, or seizure in violation of the Fourth Amendment.
1. Grounds for PC 1538.5 Suppression in California
| Police Action | Constitutional Standard | Common Evidentiary Violations |
|---|---|---|
| Traffic Stop / Detention | Reasonable Suspicion (Specific, articulable facts) | Pretextual stops lacking objective traffic infractions |
| Warrantless Vehicle Search | Probable Cause or Automobile Exception | Search based on stale information or unlawful canine alert |
| Residential Entry | Warrant or Exigent Circumstances | Consent coerced under duress or invalid third-party consent |
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Authored by Los Angeles Criminal Defense & DUI Trial Practice
Our trial team represents clients facing felony, misdemeanor, and DUI allegations throughout Los Angeles County and Southern California. We focus on constitutional suppression motions (PC 1538.5), DMV APS hearings, bail relief, and trial litigation.