Winning Brief for motion to suppress.


Client charged with possession of ecstasy with intent to sell after her apartment was searched without a warrant. The prosecution sought to justify the search based upon the presence at the house of a probationer, client's companion, subject to search without probable cause or a warrant. Police took insufficient care to determine whether or not the residence was that of the probationer or whether he merely a guest. CA PC 1538.5 governs motions to suppress in CA.

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Reference Info:Legal Memoranda: Pre-Trial Motions | State, 9th Circuit, California | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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