Arrested for probable cause, What motions are to be filed and to challenge the arrest ?

Asked almost 4 years ago - Los Angeles, CA

Also need to know what motions would enforce the detectives to come and testify and or to be questioned against the probable cause of arrest (also noted the probale cause the termination information maybe in the alpha david that is sealed under Hobbs)

Attorney answers (4)

  1. Joseph Briscoe Dane

    Pro

    Contributor Level 20

    Answered . If you're facing criminal charges that include a search warrant, I seriously hope you're represented by an attorney.

    First - you weren't arrested "for probable cause." Probable cause is a legal standard to arrest for any particular charge. The question will be - did they have probable cause to arrest you? That depends on the facts of your case.

    Second - in order to get any witness into court, they must be subpoenaed. Again - your lawyer should know this....

    Finally - you're asking about sealed portions of search warrant affidavits pursuant to the Hobbs case. There are procedures that your attorney must follow to try and quash and traverse the warrant.

    This is not a do-it-yourself project. If you don't have a lawyer, you need one. Your question demonstrates that if you're representing yourself in this situation, you're in way over your head. If you have an attorney, they should be answering these questions for you.

    Best of luck.

  2. Andrew Michael Limberg

    Pro

    Contributor Level 16

    Answered . Penal Code section 1538.5 covers suppression motions. The motion may challenge whether or not a detention or arrest violated the Constitution. The motion needs to be made in writing, but once it's done the prosecutor carries the burden to show the detention or arrest was constitutional. Thus, oftentimes it is the prosecutor who subpoenas the witnesses for this hearing.

  3. Andrew Stephen Roberts

    Pro

    Contributor Level 20

    Answered . A Motion to Supress evidence-1538.5- is the appropriate motion to determine whether the arrest was constitutionally made.

  4. Alan James Brinkmeier

    Contributor Level 20

    Answered . A motion to suppress evidence can be brought. A subpoena to the detectives to secure the testimony at trial can be served. A motion to dismiss may be filed once the government finishes the case and chief against you.

    A motion to suppress evidence is designed to the evidence against you on constitutional grounds. It is a proceeding-within-a-proceeding that is brought in a criminal case after the initial accusation or complaint or indictment has been brought. That would appear to be the stage of your case is at currently

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