1 Any Attorney or Defendant

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Defendant

5

6

7

8 Superior Court of the State of California

9 For the County of _________________

10

11 The People of the State of California, ) Case No.
)
12 Plaintiff, ) NOTICE OF MOTION AND MOTION TO
) SUPPRESS EVIDENCE; MEMORANDUM OF
13 vs. ) POINTS AND AUTHORITIES; DECLARATION OF
) ________
14 Any Defendant )
) DATE:
15 Defendants. ) TIME:
) DEPT:
16 )
)
17 )
)
18 )

19
To subscribe to my FREE weekly legal newsletter visit
20

21 http://freeweeklylegalnewsletter.gr8.com/ and enter your e-mail
22
address. Be sure to remove this notice and all other notices before
23

24 using this document.
25
To view details of sample document packages for sale by
26

27 LegalDocsPro visit http://www.legaldocspro.net
28

- 1 -
NOTICE OF MOTION AND MOTION TO SUPPRESS EVIDENCE
1 TO THE DISTRICT ATTORNEY OF THE COUNTY OF ____________________:
2 PLEASE TAKE NOTICE that on _______________ at ___________, or as soon thereafter as
3
the matter may be heard in Department ___of the above entitled court, located at
4
____________________________________________, Defendant __________ will and hereby
5

6
does move this Court pursuant to Penal Code § 1538.5 to suppress all evidence resulting from their

7 detention and arrest on __________, specifically but not limited to, LIST EVIDENCE TO BE

8 SUPPRESSED. This motion is made on the grounds that the LIST WHETHER CAR OR HOME
9
and defendant’s person were searched without a warrant and without probable cause, and without
10
defendant’s consent.
11
This motion is based on the declaration of LIST NAME OF PERSON(S) SIGNING
12

13 DECLARATION, the supporting memorandum served and filed with this motion, the records and

14 file in this matter, and on such other oral and documentary evidence as may be presented at the
15
hearing of this motion.
16

17
Be sure to modify these paragraphs to suit your individual
18
situation. Do NOT just use the wording here unless it definitely applies
19

20 to your particular situation. Review Penal Code § 1538.5 for the notice
21
period and timing of the motion which may depend on whether you are
22

23 charged with a misdemeanor or a felony.
24

25

26 Dated________________ _______________________________________________
ANY ATTORNEY OR DEFENDANT
27

28

- 2 -
NOTICE OF MOTION AND MOTION TO SUPPRESS EVIDENCE
1 To purchase the entire document visit:
2

3
https://legaldocspro.myshopify.com/products/sample-motion-to-
4
suppress-evidence-for-california-under-penal-code-section-1538-5
5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

- 3 -
NOTICE OF MOTION AND MOTION TO SUPPRESS EVIDENCE

Sign up to vote on this title
UsefulNot useful