Controverting A Search Warrant to Suppress Evidence (PC 1538.5)
A Defendant Has the Right to Move to Quash a Warrant
A defendant may move for the return of property or to suppress as evidence any tangible or intangible thing obtained as a result of a search or seizure on the ground that the search or seizure with a warrant was unreasonable because the property or evidence obtained is not that described in the warrant; Pen C §1538.5(a)(1)].
The Fourth Amendment of the U.S. Constitution provides:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched ,and the persons or things to be seized.
The Exclusionary Rule Applies to Evidence Obtained During an Unreasonable Search or Seizure
Courts ordinarily suppress evidence obtained during an unreasonable search or seizure and offered against the accused. See Mapp v. Ohio, 367 U.S. 643 (1961). The exclusionary rule applies equally to both the investigatory and accusatory stages of a criminal prosecution.
“The right of the people to be secure in their persons, houses, papers, and effects against unreasonable seizures and searches may not be violated; and a warrant may not issue except on probable cause, supported by oath or affirmation, particularly describing the place to be searched and the persons and things to be seized.” (Cal. Const., art. I, §13, italics added; see also Pen. Code, §§1525, 1529.) The italicized portions plainly indicate that the particularity clause is, in realty, two clauses. The first is directed to the place or places to be searched. The second is directed to the persons and/or things to be seized. People v. Smith (1994) 21 Cal.App.4th 942, 948 “… nothing is left to the discretion of the officer executing the warrant” (Marron v. United States (1927) 275 U.S. 192, 196 [72 L.Ed. 231, 237, 48 S.Ct. 74]).
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