Motion to Quash Search Warrant
Challenging the validity of a search warrant, if done correctly, can ultimately lead to evidence being thrown out of court and/or the dismissal or reduction of criminal charges. In many cases, a search of your home or business is done pursuant to a legal search warrant.
In recent cases, medical marijuana dispensaries in California have been searched pursuant to a search warrant and hefty amounts of cash and marijuana have been seized. All this despite these dispensaries operating lawfully under California law. These searches/seizures are performed by federal law enforcement and sometimes even local law enforcement. If a search warrant is served prior to a search and seizure, is it automatically lawful? The answer is no. One does have the right to challenge this search and seizure, and should this situation ever arise, it would be wise to hire an experienced criminal attorney to advise you.
As in California Penal Code §1538.5, a defendant who is arrested after his/her home or business has been searched can file a motion to suppress any evidence seized. Again, this motion is made on the grounds that the search/seizure violated the defendant's rights pursuant to the Fourth and Fourteenth Amendments to the United States Constitution, and Article I, Section 15 of the California Constitution.
The motion will almost always seek the suppression of all evidence seized, including all items which were obtained through the unlawful search and seizure which is being challenged.
These items may include, but not be limited to, drugs, guns, scales, money, cellphones, computers, and client lists. If the court does grant the motion to suppress, none of the items seized may be used at trial to convict the defendant, and in most cases your attorney can get the case dismissed altogether after prevailing on the motion.
Obviously, a search warrant should only be issued upon probable cause. Law enforcement must submit a sworn affidavit to the judge setting forth probable cause for the search warrant. This affidavit must provide a substantial basis to reasonably conclude that there is great probability that the place to be searched contains contraband/evidence of a crime. The search warrant affidavit must also contain facts that establish a sufficient link between criminal activity and the place that they want to search.
Do you have questions about a case? Visalia and Bakersfield area criminal defense attorneys at Martens & Brusseau can assist you with criminal charges. With years of criminal defense experience, our firm has handled thousands of cases. Attorneys here have the skills and knowledge needed to defend your rights. Serving the Visalia, Fresno, and Bakersfield areas, Martens & Brusseau can provide expert criminal defense counsel. CONTACT US AT 559-302-9722 OR 661-466-2142 TODAY