How do I file a motion to suppress evidence in my criminal case that I believe was obtained through an illegal search in California?

To suppress illegally obtained evidence, you must file a formal written request, known as a Penal Code Section 1538.5 motion, with the court and serve it on the prosecutor. Here is how to file the motion in your California criminal case: Step 1: Obtain and Review All Reports First, obtain all evidence from the prosecutor through the discovery process. This includes the police report, officer body camera footage, witness statements, and any search warrant. Carefully review these documents to identify the facts that support your claim of an illegal search or seizure. Step 2: Draft the Written Motion You must draft a formal legal document that includes three parts. The "Notice of Motion" tells the court and prosecutor what you are asking for. The "Memorandum of Points and Authorities" explains the law and applies it to the facts of your case, arguing why the search was illegal. The "Declaration" is a sworn statement of facts, usually signed by you or another witness, that supports your motion. Step 3: File and Serve the Motion File the original motion with the clerk of the court where your case is pending. You must then "serve" (formally deliver) a copy of the motion to the prosecutor's office at least 10 court days before the hearing date. You must also file a "Proof of Service" form with the court, showing when and how you delivered the motion to the prosecutor. Step 4: Attend the Court Hearing The court will schedule a hearing where both sides present their arguments. If the police acted without a warrant, the prosecutor has the burden of proving the search was lawful. You or your attorney will have the opportunity to cross-examine the police officer and present evidence. The judge will then rule on whether to grant or deny your motion. Important Details and Nuances: In California, the "Truth-in-Evidence" rule (Article I, Section 28(f)(2) of the Constitution) means that evidence can only be suppressed if the search violated the U.S. Constitution's Fourth Amendment. The timing of your motion is critical. In a felony case, it is often best to have the hearing during your preliminary hearing. Warnings and Limitations: Motions to suppress are legally complex and require a detailed understanding of search and seizure law. The outcome often depends on specific facts and effective cross-examination of police officers. Testifying at the hearing carries risks, as your testimony could potentially be used against you later. This is general information and does not constitute legal advice. For a matter this critical to your case, you should consult with a qualified California criminal defense attorney.