| Suppression Motions | | | | by points and authorities and proof of service, |
| Suppression motions are a valuable tool in a DUI | | | | with at least ten court days before the proposed |
| case because when evidence can be excluded, | | | | hearing. |
| the prosecutor's case is weakened. Suppression | | | | In felony cases, a motion to suppress may be |
| follows the rule of law that evidence secured by | | | | made at the preliminary hearing only if defense |
| illegal means and in bad faith cannot be introduced | | | | counsel has personally served the prosecution |
| in a criminal trial. The technical term is that it is | | | | with a written motion, accompanied by a |
| "excluded" upon a motion to suppress made by | | | | memorandum of points and authorities, at least |
| the lawyer for the accused. It is based on the | | | | five court days before the hearing, if the case is |
| constitutional requirement that "...no [person] can | | | | initially heard in a misdemeanor court and ten days |
| be deprived of life, liberty, or property, without | | | | if the hearing will be in a felony court. A |
| due process of law" (Fifth Amendment to the | | | | memorandum of points and authorities is a |
| Constitution, applied to the states by the 14th | | | | written argument citing precedents and statutes. |
| Amendment). Additionally, even other evidence | | | | Generally, in order for police to search a person |
| may be excluded based on the doctrine of "fruit | | | | or their vehicle, there must be a warrant |
| of the poisonous tree." In criminal law, this | | | | supported by probable cause. Probable cause can |
| doctrine states that evidence discovered due to | | | | also be defined as "reasonable cause," meaning |
| information found through illegal search or other | | | | that the officer has a strong suspicion that the |
| unconstitutional means (such as an illegal | | | | person they are stopping has committed a crime. |
| roadblock) may not be introduced by a | | | | In DUI cases, a warrant is not required for the |
| prosecutor. The theory is that the tree (original | | | | officer to make an initial stop, because the U.S. |
| illegal evidence) is poisoned and thus taints what | | | | Supreme Court has determined that if there is |
| grows from it. For example, if a person is | | | | probable cause, such as a traffic violation, then a |
| arrested for a DUI at an illegal roadblock, the | | | | brief investigatory stop is allowed in order to |
| evidence of that person's DUI, namely the field | | | | advise and/or issue a citation. Probable cause for |
| sobriety tests and chemical tests, may be | | | | a traffic stop can be established by any California |
| excluded. Since evidence of the roadblock may | | | | Vehicle Code violation. Therefore, it is unlawful for |
| not be introduced at trial, neither can the field | | | | a law enforcement officer to stop a car in order |
| sobriety tests or chemical tests | | | | to determine whether the driver can produce a |
| | | | valid license and registration. It is also unlawful to |
| A motion to suppress based on the Fourth | | | | stop a vehicle in the anticipation of discovering a |
| Amendment focuses on illegal search and seizure. | | | | Vehicle Code violation or other contraband, such |
| To assert a Fourth Amendment claim, the | | | | as drugs, when no actual probable cause has |
| defendant must have had a reasonable | | | | presented itself to the officer before the stop. |
| expectation of privacy in the place searched or | | | | However, the violation of the Vehicle Code must |
| the items seized, that was violated by police. | | | | have occurred in the officer's presence, which is |
| Observations that result from a Fourth | | | | the requirement for all misdemeanors, with the |
| amendment violation are subject to suppression | | | | exception of an anonymous or called in tip |
| under Penal Code Section 1538.5. Statements or | | | | reporting a drunk driver on the road. |
| testimony obtained as the result of an unlawful | | | | Several exceptions exist in a driving under the |
| detention, arrest, or search are also subject to | | | | influence case. A police officer may make an |
| suppression. A motion is a formal legal document | | | | arrest for a DUI violation when the officer has |
| asking the court to take a particular action. A | | | | reasonable cause to believe that the suspect has |
| motion to suppress can be brought on several | | | | been driving under the influence of an alcoholic |
| different grounds and in several different | | | | beverage and/or drugs, if: the driver is involved in |
| situations. A motion to suppress is a motion in | | | | a traffic accident; the driver's vehicle is obstructing |
| limine. A motion in limine is a motion made at the | | | | the roadway; and if the driver may cause injury |
| start of a trial requesting that the judge rule that | | | | unless he is immediately put into custody. In |
| certain evidence may not be introduced in trial. | | | | another common situation, a police officer may |
| This is most common in criminal trials where | | | | make an arrest for DUI based on the information |
| evidence is subject to constitutional limitations. | | | | provided by a reliable third party, such as when |
| Motions to suppress evidence must be in writing | | | | the officer receives a call that a person appears |
| and heard before the commencement of trial. | | | | to be driving while intoxicated. However, the tip |
| In misdemeanor cases, which most DUI cases | | | | must be reliable and credible and supported at |
| are, defense counsel will set a date for a hearing | | | | trial, or else the judge will find the tip to be |
| to suppress evidence at the arraignment, | | | | unreliable and exclude it. However, it often takes a |
| commonly known as a 1538.5 motion, before trial. | | | | defense lawyer's motion to suppress in order for |
| The motion must be in writing and accompanied | | | | this to happen. |