4th Amendment Pretrial Motions to Suppress Evidence in Criminal Cases 

I’m a 22 y/o black guy from South Carolina these videos are very helpful cuz I take pride in knowing my rights against the police & knowing how to react the correct way. Thank ya

I was arrested in my home on accusations of b&e, I asked to see the warrant, cops refused to provide it. They then threatened me in a multiple of ways, and came in my home (were I was hosting company) and handcuffed me and took me out) I asked about some of my belongings and was leaving my phone with my company, under the assumption I wouldn't be able to use it, anyways. They then provided to tell me I can take it with me and have access to it. I was then taken to the PD and proceeded in. My phone was put in to my personal affects. Shortly later another officer came in from a separate case filed against me, we ended up talking it's important conversation I mentioned he didn't declared he was going to ceases it on the spot, which he did. , and then proced to tell me I had to open it, immediately. I felt threatened, as to what he would try and pull. So I did as I was told. The next day when I bounded out he refused to release my phone to me. Another officer claimed that a warrant has just came in for him. . He confiscated my phone over allegations supposedly from my oldest daughter. I finally got a hold of warrant you can tell it wasn't no statement about my kid is full definition in detail of everything about my phone the brand the crack on it everything

I used to work for my father's Law Firm as an investigator/Para Legal, but after my father retired and passed away I went on to different things and over the years I felt I needed to brush up on my rights and have found your videos very helpful and well made. Thank you for all your help ! One thing my father always told me since I was a pre teen is "a person who defends themselves has a fool for an attorney" I took that bit of advice as gospel and over the years learned it was very true when someone would come in and say they defended themselves and it didn't go well, and unfortunately knowing that after your trial is a little to late. Alway get an experienced Attorney in the type of law that your case requires and make sure that the attorney has a crack team of Para Legals and investigators like myself specialists in the type of law your case requires.

Yooo Gus, Everything you stated makes me feel at ease my public defender suggested a motion to suppress evidence, after watching your video it gives me hope thank you for that

I was recently pulled over in Idaho because I was going slow driving down the mountain in a blizzard. I was using my dual rear wheel truck, And I had my RV connected to the hitch. The officer pulled me over and did not explain why he pulled me over but wanted to see inside the contents of my RV. he said if I did not let him see inside the RV he could arrest me for interfering with a criminal investigation. Meanwhile my truck and my RV don’t have any markings on them. Don’t have any letters on them identifying a business or a DOT. The officer said he had suspicion that I was illegally transporting vehicles. When he pulled me over, I comply, I gave him my license registration and insurance. While he was sitting in his car running my information through the database, he took it upon himself to do a Google search of my name which popped up stuff on Facebook that he says gave him the authority to search my vehicle. Meanwhile absolutely no markings are on my trailer or my truck. I do not have a CDL license because I doesn’t require me to have a CDL license to tow my RV. He proceeded to write me an excess of $3000 of tickets for not having a DOT and not a CDL license. Meanwhile I didn’t get pulled over for any crime other than driving safe down a mountain in a snowstorm. I say that violated my fourth amendment by searching my name in Google for no apparent reason and also for illegally searching my vehicle without consent. He claims that he is a special DOT officer and he has special privileges. I explained to him sir I don’t have a DOT therefore your special privileges don’t apply in this situation. I am currently now fighting it in court and I’m having to spend thousands of dollars for an attorney and I feel like it’s a very open case. Violated my fourth amendment, he also pulled me over for no reasonable articulated suspicion of a crime being committed. Am I wrong?

Advice that can be articulated in, @, or around 5 minutes instead of "let it go law" whose every video is 15 to 20+ minutes... New sub on board, thank you!

I am really enjoying you videos, and I see you replying to so many people. I think that is awesome! You better watch out or you'll start to give attorneys a good reputation 😂 Seriously though, people like you, and Steven Drizin for example, make me wish I could be a law student. I think people fail to realize how many lives lawyers change. I'm glad your one of them, and really changing people lives in a good way.

Thank you Mr. Gustitis! My attorney filed a motion to suppress due to a violation of my 4th Amendment rights. The case didn't even go through the motion hearing because the state's attorney nolle pros the charges (30 days to three years possible sentence) upon agreement that we allow the state to destroy the property ($200 value) collected by the police.

This has been so helpful thank you for doing this

Hello, my name is Katrina Erickson and first I want to sincerely thank you for doing what you do. My fiance and I have watched several of them and found them to be extremely helpful, thank you. Specifically having to do with 4th ammendment rights; filing a motion to suppress evidence in criminal cases, etc. My fiance, Michael was pulled over back in January of this year for having one of those tree air fresheners hanging from his rearview mirror. After my fiancé gave the officer his license, insurance and registration the officer told him "we want your vehicle, we're taking your vehicle, you no longer own this car. Then he asked my fiancé to get out of the car and my fiancé asked why, am I under arrest? The officer said no, you're being detained but if you don't get out of the car you will be arrested. He told my fiancé to go and sit on the sidewalk behind the car while another officer wrote him a citation (which he never received). He asked my fiancé for permission to search the vehicle and my fiancé said no, however the officer proceeded to walk his K9 around the vehicle, supposedly the dog alerted, then he walked over and yanked the car keys out of my fiances hand (at that point he was in handcuffs). They're claiming to have found a bag with 7 ounces of Methamphetamine sitting on the backseat behind on the driver's side which I know is not true. His attorney has done nothing to help and to us we feel like he is on the police officers side. I don't know what to do but maybe you may have some suggestions in which case we would greatly appreciate. I sincerely thank you for your time. Respectfully, Katrina Erickson

This one of the best videos I have seen on this topic. No this video is the gold standard! How about this as an example for discussion? Police and EMS arrive at a wal mart parking lot where someone has ran into a light pole at a high rate of speed. The driver of the vechicle is later to be found over .08 via a blood warrant. Motion to suppress blood, video, and statements granted due too the officer arriving at the scene after the wreck happened and not having probable cause occurred?

Michael: you need to hire a qualified criminal defense lawyer immediately. Don’t waste any time. After the lawyer does a complete investigation of these facts, they can give you an informed opinion about your options. Thanks for stopping by and leaving your comment. I wish you the best of luck with your case.

Love your videos, youre doing great work. A few years back i was arrested for felony child endangerment because i had several meth pipes in my bedroom and a baggie containing residue, which was in a house where my children resided. The original reason for the police investigating me stemmed from my stepson being caught dealing weed at his school. One of his freinds had been caught with said marijuana and informed the school officer he had gotten it from my son. With that information they pulled him aside without our parental knowlege or consent and interrogated him, and he admitted taking the weed from us. They came to our residence to do a knock and talk and my wife not knowing any better answered the door and was talking to them on our front step, mind you it was november in wyoming and she wasnt wearing shoes. The officers said that if she didnt consent to a search of our residence she would be detained outside until they aquired a warrant so she admitted to having marijuana and voluntarily gave them her stash, and as the old saying goes shit rolled down hill after that. At the time he was 15, and although i asked the public defendors they would never give me a straight answer if that was legal or not. Been clean for three years now and everything is over and done with but i still am curious.

Very informative.

As always I enjoy your time and effort to help us with these videos. I have made a few comments on another topic but the problem is. The CACD investigator just made a bunch of allegations. Saying that there was stuff on the cellphone the Sheriff's Department. Never even tried to get a search warrant I still don't understand why they didn't. Then after the alleged confession my so called lawyer was laughing. Saying that they don't need one now they have a confession. So they did need a search warrant so doesn't that make the alleged confession. Fruit of the poisonous tree I wish I had a complete brake down on the 4th amendment.

This is my events that occurred, driving through the pitch dark moutaons around 11 pm on Feb 20, 2023.from my. Foggy windows, I did t know if what was coming up behind me, I went to turn down Broadway St and it was then he lighted up car behind me turned on his siren and madw a left on Broadway as well, because it was pitch dark, and on Broadway it's all ditches on each side of a one on one road, I kept hand signaling the e car behind me to follow me to a well light area, by putting my arm out the window and motioning them to continue to follow. Half way in Broadway I stopped at a stop sign and went below the regular speed as I continued signalling to follow me. I then pulled into lighted area parked and got out to explain but before I was able to finish my sentence the cop yelled , PUT YOUR HANDS IN THE HOOD, so I complied and then used excessive force to yank my arms and caused me excruciating pain on my left arm, cont....

This is a *GREAT* video Thank You

I was in a small town in Northern Michigan, was in an argument at a bar with jail guard,2 weeks later police put me in jail for disorderly and tresspassing while sober drinking ice water,,1 month later police see me leaving a bar,pull me over and yell at me from 15 feet away from my divers window,he smells alcohol, I take all 3 sobriety tests and pass he arrested me and took me to the jail,asked me to take breathalyzer, I ask to speak to my attorney, then request blood test,he claims it's a refusal,blood test comes back ,126 ,I had told state police I was suing the local police for false arrest,I believe if I only had one drink,there is no way I could have that much alcohol in my blood,I am being framed.

🙏🏻🙏🏻🙏🏻🌏✝️ Thank you for this video. A motion to suppress

My dude keep it up wish i could find someone with West Virginia law smooth as silk as my dude here.

I love your videos by the way.

I came across your website while doing research on a case im currently dealing with where I feel like my 4th amendment right was violated. I had a couple of sheriff’s deputies come out to my house a few nights ago and he said he wanted to talk to me about some stuff that was reported as being stolen and I didn’t have a clue what he was talking about. I asked if he had a warrant and he said no so I told them they needed to get off of my property. About 15 minutes later, my father and I get in the truck and about to head up town but before we could even go anywhere the same deputies swarmed us while we were still on our private property. We get out of the truck and I start to walk inside when one of the deputies called my name to come towards him and he then told me to turn around and that I was under arrest for possession of stolen property. They then started searching the truck, carport and the storage in my carport and seized what they believed was evidence even though I had already told them they needed to leave if they didn’t have a warrant and neither one of us consented to a search. Were my rights violated and do you think I have a good shot at getting all this evidence suppressed? This all happened starting at around 11:30 on a Friday night. The amount of time that went by from the time I asked them to leave the first time they were here and when they came back and arrested me and searched my private property was about 15-20 minutes. From everything that I’ve read and from all my research, it appears that my rights were violated and that I can get this evidence suppressed but I would like to hear what you think. Thanks

Thanks, a lot. I really enjoyed the video. I'm Brazilian and, we're about to have lots of changes in our criminal system. There's a new legislation that will be discussed in our Congress, known as "Anti-Crime Package", that, if it's approved, it will change severeal aspects in our Criminal Code. For example, the new legislation aims to allow the 'plea bargain', which is something that's not possible in Brazil nowadays. Once again, thanks a lot.

Like the vid. Subscribed keep it up

There was a report of a suspicious arson on a private property. Police arrived and I seen them and I approach them with respect and ask how could I help you? Officer exit the vehicle enter to a private property and detain me without any reasonable. They ask for ID I said no and I said do not search me and I still got search and my ID was taken out my wallet and I was placing handcuffs. No fire department came by for the report. I requested for sergeant to arrive and one of the officers got his phone out and started to talk to someone and I said I'm requesting your watch Commander. You have to call him through your radio not through your personal phone what are you doing? I got ignored but if I ignore them they get mad. The only time the fire department arrived was when I requested for paramedics. Due to high blood pressure caused by the police. I have so many police harassment I already filed a claim with the city like three times already filed a complaint with the department. What should I do Here's an example what happened to me back in 2016 because of statue of limitation I couldn't Sue but they have a prior with me. Google unjustified beating by Montebello after this video go on RU-vid judge tosses Montebello claim. I've been getting retaliation and being harassed a lot by the PD. Mental abuse so nasty

Nice.

So I got pulled over by a cop that followed me from location A, to location B, waited for me start heading to location C, and just decided to pull me over claiming I had swerved in my lane (which I know I didn't do) and made me do a field sobriety test. Which I passed. But they strong-armed me into giving consent to search my vehicle by claiming they were gonna impound my car until he got a search warrant for my car. And I couldn't have him take my car or id lose my job for missing work later that morning. Which I told him that so he told me that if I let him search the car I would be able to make it to work on time. He really had no reason to search my car other than following me from location B (hotel known to house a lot of drug users and dealers) which I feel like he was just profiling me. I never broke any driving laws or anything but when searching my car he found some drug paraphernalia, and then drugs on me when he decided to go to take me to jail. He then booked and released me and took me back to my car so I could make it to work on time. My question is, can I still motion for a suppression of evidence even though I was unjustfully tricked into giving him consent to search my vehicle?

" I was detained on Trespassing Pretenses and then arrested on a 22210pc felony charge, for being in possession of a piece of doweling for self-defense purposes. But, I told the deputies I did not want them going through my stuff, as they had accosted me without reason on a supposed pedestrian check or something, (it was the 4rth of July and I was at the Public Library's bike rack where I create a makeshift shelter overnight). They dropped the Trespassing charges once they found the doweling...and I'm now out on administrative release awaiting my court date..."

Hi I just want to say thanks and what your doing is amazing. I have some questions about illegal search and seizures.

I was called on by a Karen saying that I was driving reckless and I looked tired. I was already pulled over in a BP parking lot eating. So here comes the police. They didn't witness me driving. She smelt beer and I had drunk a couple beers earlier. I had proper insurance and license. I then told them I had a bad neck back and shoulders. I told them I couldn't walk a sobriety because of my back and balance problems. The police then told me to turn and face their car where excessive force was used. I had to go from the police station to a hospital because I had pain from my back to my chest. I didn't have a heart attack but I had whiplash. I am a fragile woman with chronic pain and on several medications. I am now going back to a chiropractor. My license were suspended that night the first thing they did was tow my car after they searched it. Could you please give me some advice. They didn't site me for reckless operation or even a moving violation. They went by the callers call. So why not give me a reckless op because the Karen definitely told them I was going to crash. I am 57 yrs old and have never had a DUI

This guy's really taken care of me

As well he lied about how he had obtained it and the timing, ECT. This is my first time being in this kind of circumstances, I was appointed a pub defender. While I was in the jail, by the first court date I had a different one. I told her lawyer and two other witnesses of perjuring themselves and I can prove it by other paperwork. What's my knowledge was never brought to the judge's attention. Not somewhere around 9 months later I have another pub defender. I was not notified of the change, I only new of this about a WK or so before we went back to court to set a date for the trial, by jury (2day collaboration). I have not seen nor spoke to any of my children since this started, and I had full custody of all of them. My x had picked them up from school with out notice nore answering the phone. They were previously charged with attempted kidnapping. ECT. . Is that legal? I now have trial by jury coming up in july. Since this has all started I've had a house burn multiple break ins, one end with the burger staying in my home until he decided, i was gonna leave state, after wrecking my carvi hsd told the officers i did not want any one driving, while i was in jail., cars stolen and destroyed, mugged, robbed, and threatened, Numerous times. My kids are part of my defence yet I'm not allowed to be in there presence. I've lost everything. Due to the fact the police refused to even make a report. What should I do, what can I do!? I've all but lost the house I was buying as well. It's insane, just blankin crazy...

🌎🙏🙏🙏 Dur process. Thank God I know about informants.

Question if I have a open case and I have an intervention hearing I don’t have to mention anything about the open case do I?

I have an ongoing employment retaliation litigation. My attorney missed the discovery deadline (said it was an honest mistake because they were waiting for the judge's decision whether the case had merit) and we dont have expert assessment of damages. What can be done at this point? We are waiting for summary judgement and the trial is set for after a month if we win the summary judgement. The attorney, although continuing to represent, seem to not have much hope, but i still have strong hope because there are tons of solid evidence for everything including employer knowledge, temporal proximity, causation, and motive, despite the discovery. Thanks.

Hey Steve, I recently discovered this channel, and I am blown away with the great information you’re providing. I have a question relating to the scope of a search should probable cause be found or consent be given. For instance, if probable cause is obtained that a person is in possession of a stolen flatscreen TV that is 65 inches in size would it be reasonable for the officers to search a small compartment in the vehicle such as a glove box? Or, would that small area be outside of the scope of the search because it is not reasonable to look for a large item in such a small area? Therefore, I guess my question is the scope of the search clearly defined in concrete terms based on the information that they can articulate as giving them probable cause? Would evidence outside of the scope of the search be inadmissible in court? Are there any supreme court cases that deal with issues like this? Thank you in advance.

GOD YES do one on IMPLIED consent here in Louisiana I got busted because the car door was ajar and he opened the door and began digging while the partner talked luckily I exclaimed “SHUT MY DOOR I DONT CONSENT SIR” still resulted in an arrest but I beat it based on that statement but they were using “implied consent “ as the rouse to search all over 2 miles over

During covid-19 Do the rules change as far as the amount of time you can be held without being charged before being extradited to the state that wants to charge you. If its been more than 90 days what should you do?

Me and ex split up Dec 2020 from that time until Aug 2022 we shared custody with zero issues or arguments. Then she moved in with boyfriend who started constantly arguing with her about how much time I had my son. So one day she decides to tell me she is going to with hold my son from me to make her boyfriend happy and prove a point to him. That did not go over well. I made zero threats no acts of violence in fact I tried to reason with her. Seeing the train wreck coming I go to the court I apply for emergency custody say nothing but the truth and get denied. Little did I know she had already gone to the court made a bunch false accusations and was granted a no contact order ex parte making me sound like a complete physco completely lied under oath. Me n my fiance decide to go have lunch one day when we return. 2 ct state troopers show and inform I being arrested for violating court order Me n fiance at the same time what are talking about because up until that point neither one of us had any idea of the court order so even though THE LAW STATES order is not enforceable until proper service is completed meaning a state Marshall puts in my hand. So I get arrested after repeadly telling the officers I had no idea what they where talking about the officer tells me if I telling truth tell court they will throw it out. The exact opposite happened even though I got a print out from clerks office showing service of process never completed they ignored that fact and put a protective order on me. My ex didn't give to Marshall until after I had already got arrested n went I got served 4 days after court I go to court date for the order and proved she lied I was never a threat court orders I see my son that very afternoon we go back to court couple weeks later for custody I get granted primary residence she gets weekend visitations. A couple days later an alleged non threating abusive text comes from my phone. So what happens a warrant for my arrest is issued for violating protective order. I turn myself in court appoints me a public defender who I show everything to right down to 5 days earlier I was given custody of my son. I go in front of judge for arraignment and public defender says nothing in my defense. As the prosecutor calls me a threat to society and my bail is set at $75000 remember there's no violence no abuse no threats and 5 days earlier I get custody of son over states " victim " I'm disabled had major heart like 3 months before all this began I have a internal defibrillator inside me so my income is limited what any Xtra money I have goes to paying my bond payment 250 month And I'm on my second public defender I don't why they are called that because they have not defended me at all. I actually spent the night in jail she went filed for emergency custody thinking I wasn't getting out not only did I get out but she was ordered to give my son back. So some one I know with a history of violence gets arrested for violating protective same crime want to know what his bail was $15000 non surety another case boyfriend keeps girlfriend hostage for 3 days an assaults her multiple time during that period wanna know what his bail was $100000. Then you have me no threats no acts of violence no threats all stems from lies that I proved and I get $75000 bond what in the hell is going oh the guy who got 15000 bond got arrested again for assault if I didn't make bond I probably would have lost my son so instead of paying a real attorney I'm stuck with public defender who I feel couldn't care less and a monthly bond payment the sad thing is I have all the evidence and no cares..I still have custody as fight the criminal justice system. Thank you for you time

I have a question concerning the knock and announce law. If a person has clear audio and video of the police knocking the door in without a mear tap on the door or any announcement of who they are on a search warrant that is NOT a no knock warrant can the evidence be surpressed under those circumstances? Thank you for your time.

I left work at a local restaurant and turned around and came back to pick up my phone. I pulled to the back of the restaurant where my coworkers were still working. The trooper pulled up behind my still running parked car. I was outside of the vehicle when he turned his beight lights on. I could not see who it was because of the glare. I started toward the backdoor of the restaurant and he flipped on his lights. I stopped and he got out and askedcwwhati was doing. I told him I work here and I forgot my phone. I was even whereing my apron and a shirt with the resistant name on it. I then told him I will be right back that I wanted to get my phone. He told me no thati could not enter the restaurant to retrieve my phone. I wanted to get my phone so that I could record the interaction. Because it already felt very unlawful. He then began to repetitively ask me why I was so nervous. I told him that I wasn't and he insisted that I was. After several minutes of this back and forth I asked him if there was a reason why he was questioning me? He stated that my license plate light was out and that is why he had followed me into the parking lot of my job. I walked to the rear of my car and my license plate light was NOT OUT! When I pointed that out he told me that it had been out and that is why he followed me. U then thanked him and asked him if I could leave and he told me no again. He then asked to search me and I told him he could. He searched my body. After the search yielded nothing he asked to search my vehicle. I asked h why he wanted to do that. He said again that I was nervous. I told him again that I was not. He said look at you shaking. I told him that I didn't have much luck with cops. I also told him he had no reason to search my car. He asked for my license. I stated it was suspended and retrieved my ID for him. After running it he got out of his truck and put on rubber gloves and searched my vehicle anyways...

How about a “inventory search?” My understanding is that they are allowed to only look without opening any thing to visually see if there are items of value that should be placed on an “inventory sheet” to protect the owner of the vehicle from theft and accusations of theft on the officer and the towing company

Hola Mr Steve I have a few questions. I was at the car wash washing my truck early am around 4am getting ready to go pick up a coworker and go to work when a police officer pulled up behind me. he asked me if everything was okay and i said yah i am just washing my truck (obviously). he then asked me for my id and i gave it to him and was super polite and cooperative the entire time. he then comes up and says i had a warrant from another county for a case that my now previous lawyer said i did not have to be present for which was two days prior. I explained this and he proceeded to put me in custody. I asked him if i could call someone to come pick up my truck so it didn't have to be towed and he said no. He put me in the car and then 4 other officers showed up and they all proceeded to tear through all of my belongings. During this search which i was never asked if they could do they found foil in the center console my coworkers bag which had 6 grams of meth and 6 grams of heroine inside. He had been driving my truck the previous day on the way home from work because i was exhausted and needed to nap and left his bag in the truck since i was going to go pick him up for work the next morning(after i left the car wash). The officer asked if i knew about the bag i told him it was my coworkers and then told me they found the drugs i told him my coworkers name and said lets go to his house and you can arrest him for his stuff. He said no and charged me with possession of both substances and for the warrant. My 1st question is can i fight the stop since i was obviously washing my truck and not doing anything wrong and on private property all alone when he pulled up behind me? 2nd question is, i remember putting our work keys in his bag earlier in the day but didn't look in the bag but may have touched the bags the drugs were in and other stuff in the bag so will they take fingerprints off the bags and try and pin them on me? and my last question is can i get the work keys back which were taken for evidence for some reason(nothing on the keys says they are mine) because my now former job which i was fired from because of all this is wanting to charge me for the keys unless i return them. (added info: i asked my coworker to admit to the drugs and he pretty much laughed at me and said good luck and had since blocked me from any contact with him) I really appreciate all your help as i have a public defender and will be taking this to the box and trying to prove my innocence considering i have never done drugs a day in my life and was trying to be a good dude by giving my dickhead coworker rides to work so he could save up money for a car...

Someone I barely know involved me in a case against her for selling/possession charges. my home was searched but nothing was found or taken. my phone was seized with probable cause for messages containing conversations pertaining to possession and use of a controlled substance. I have intentions of hiring an attorney as this is on federal property. do you have any advice for me?

An officer pulled me over saying my registration was expired. In the police report he said i had a dead tag. this was not true confirmed by the dmv. He found contraband in the car. Is this enough to file a motion to suppress?

Interested in this fs. Got a dui in August and the arresting officer passed away (R.I.P.), so have heard i can possibly get my charges dropped, due to suppression of evidence, because my lawyer isn't able to cross examine the officer. Any input on this? I know it's a very niche situation, but any info or tips could help.

Police were called by my next door neighbor because my Pitt got loose...illegal in Ducktown TN. I was explaining what happened to the officer . I also remained very calm and professional while my neighbor was acting crazy. Out of left field he asked what was in my pocket . I had just got back from the gym. Forgot about what was in my pocket. I had a sprinkle of meth powder and a tiny bit of weed ...maybe enough for a bowl. I told him he was infringing on my rights.he coerced me into handing it over . handed me a citation with court date on August. I watched your video. I've not charged here for anything in Tennesse. He gave me no probable cause for a search. I also believe he infringed on my privacy rights as this was all done in front of the neighbor. It began in her lawn!! I would love some feedback on this. Thank you very much.

I would stopped in a vehicle that isn't registered to me, due to the blinker an brake light not working. Officer walks straight up tells me to get out of the vehicle .... I asked why am I being g stopped he tells me..... Then pursues to telling me to get out .... I told him It didn't call for me to get out of the vehicle, he says "with a criminal record like yours I need you out of the vehicle " , I asked how do you know who you are talking to this vehicle isn't registered to me nor have I ever seen you before. He find a broken piece of glass in the bed of the truck (that is full of trash , car parts just all types of random stuff.) He said it was a methamphetamine pipe an placed me in handcuffs an then patted me down an put me in his cruiser. Then decided he was going to give me a citation to appear in court , got me out the car an the other Officer pats me down an then say they found 2 bags of methamphetamine in my pocket. Is there any ground to suppress evidence

In September, my PO was under the impression that i would not be able to finish paying off my fines by Oct 1st so she issued a warrant. When i paid the fines, she scheduled me for my last meeting via telephone and i showed up on time and we both decided that my probation was complete. She forgot to pull the warrant and i got arrested 2 months later for a probation violation ( not even on probation anymore) at a restaurant after an off duty police officer called his buddies and told them that i had a warrant. They found an empty baggie in my pocket with some residue and i was never charged with a PV just Possession and Para. Your thoughts?

I was pulled over a street away from my house at about 11am with my work uniform on for a window tint violation. I had just gotten my windows tinted and had all 4 of them halfway down. He jumped in front of 3 cars to pull me over and while testing my windows, had full view of the inside of my car. He asked to search and I said no and then said he's going to call the k9 unit and that it will be worse on me. I then gave him concent after the threat and he found a weed pipe and a soma which I am prescribed. Is this an example of an illegal search and seizure? Thanks

what happens when, during pre-trial 2 months ago, the DA brought the 'prime witness' (the arresting Deputy. Sheriff, to testify at pre-trial, but instead his friend testifies for him, using the verbal story the Dep. Sheriff told him. The public defender in this case did nothing to object. Jury trial is Feb 1, 2024. Arrest, from a simple 'wellness check' in a parked car on a residential street on 3/15/2020 at 11 a.m. resulted in Dep. Sheriff dragging me out of my car. Can the Dep. Sheriff's friend testify at pre-trial ? Can I file a motion to suppress this testimony AND the incriminating information found after DS drug me out of my car? Thank you for your reply.

IVE BEEN HEARING ABOUT EXCLUSIONARY RULE TO EVIDENCE AND GOOD FAITH EXEMPTIONS WHERE THE EVIDENCE IS ADMITTED EVEN THOUGH THE OFFICER HAD NO LEGAL BASIS FOR OBTAINING THE EVIDENCE IF HE BELIEVED HE WAS ACTING ACCORDING TO LAW... DOESNT THIS MEAN THERE IS NO SUCH THING AS RIGHTS IF THE OPPRESSORS HAVE SO MANY EXEMPTIONS TO YOUR RIGHTS? AN OFFICER IS NOT REQUIRED TO KNOW THE LAW AND GETS AWAY WITH BREAKING IT BUT IGNORANCE OF THE LAW IS NOT AN EXCUSE IN MY CASE BUT IGNORANCE ALLOWS THE OFFICER TO VIOLATE YOUR RIGHTS WHEN HES AN ENFORCER OF THE LAW? HOW IS THIS POSSIBLE AND HOW DOES THIS SYSTEM PROTECT PEOPLES RIGHTS RATHER THAN CONSISTENTLY VIOLATE THEM? ALSO WHY IN COURT DO THEY SAY YOU WAIVED YOUR RIGHTS IF YOU DONT KNOW THEM AND DONT CALL THEM OUT IN A TIMELY MANNER? DOESNT THAT MEAN THAT YOUR RIGHTS DO NOT EXIST IF YOU DONT KNOW ABOUT THEM?

is it true that once the search warret is signed they only have a certain amount of time to have it completed and that they should not be back on that primises weeks later?

In the discovery I was assumed to have spoken to a cop from another state about an incident...suppression of this fact is possible? Jurisdiction? Or any advice

Is it possible to get proof people that were involved in my case cohearse or persuaded into doing it by payment or removal of charges

Example Of Unlawful Search and Siezure? At a place of public assemblage where i had a lawful right to be, when some men who succumbed to the adverse effects of gossip, hearsay, false accusations, and errant teachings,, did seek to deny me full enjoyment of that place of public assemblage because of my creed. LEOs were called under the false premise that there may have en a trespass warning in effect against me. Responding officers acknowledge prior awareness that any trespass admonishment that may have been in place was likely expired. .Officers tell me that “they” want me to leave. i begin to articulate the law while securing and presenting evidence to show that i was there lawfully, and yet, within 58 seconds of making their presense known, they arrested me under the pretense of criminal trespassing; suggesting that it was because a few men said i could not be there, and the officers told me to leave, and that i did not immediately turn to leave as though i were afraid of my government, those corrupted men, one/or unaware of my right to be in that premises. officer’s arrested me, sieved my two body cameras, and went to a bias judge to get a warrant to get passed the passcode se city protocols to get the data.

Mr. G pertaining to my Refusal to blow CDL DWI, The open container was a result from a search of my semi tractor I did not authorize. They found my keys and unlocked the door and searched with out my consent. Don't know if my employer allowed consent though.

It's on going

My friend and I were stopped by county police on I-80. The police passed us twice then slowed down so we could pass it again. My friend was driving and getting nervous because she was young and had her baby in back seat. I was concerned because I heard of imposter police before and thought that was strange behavior exhibit by a reasonable and prudent police officer. My friend had gotten stuck behind a semi but passed it as soon as the traffic passed it. We were somewhat close but at a safe distance to avoid a collision. After she passed the semi the police put on their lights and stopped us. We are of Mexican decent but are citizens. I felt we were picked out for that because there were other vehicles on the road. He asked the driver if she knew how close she was to the semi and she wasn’t sure. He had her go to his car for what he said was a warning ticket. She was back there 20 to 30 minutes. When he came back to talk to me he said he smelt marijuana and started searching car and found some weed and THC we had. He handcuffed me but never read me my rights. Another office read me my rights on way to jail but that was after extensive questions by the cop and the cop that came after. Are these good facts for a motion to suppress and why?

What about if an investigator ask you to sign a document so that they can look through your phone in order to see messages between you and plaintive to help you prove things on your side but you never sign the paper but did get tricked into giving them your unlock code on your phone

Hello and Thank You. Here are the facts. Pulled over after plate was ran leaving a casino. Sheriff acted as Highway Patrol red lighting me 10 miles down freeway. My tags were expired and they had a FTA from another far away county for a driving on a suspended license. I refused allowing a search but detained outside vehicle. A dog was used after saying my 4th Amendment rights were being violated. He claimed the dog signaled but seriously doubt it. A pipe and small amount of meth was found in a cigarette case inside my purse. I have court in 2 weeks on this matter.

I've not been in any trouble since 2015 after graduating from drug court. I was going through a really bad place in my life, my relationship was ending, I lost my job, and stopped taking my depression medicine. I shoplifted 2 shirts way to small. I was in a fog and don't remember taking them now the d.a wants to give me 2 yrs in prison. What defense can I use? Help me please

Heres my situation, I went to a strip club and while waiting outside told there was a capacity for covid. That id have to wait. Waiting i wittness maybe a dozen peolle in front of me go in without being searched. As I wait another guy comes up and waits with me we falk for 10 minutes bouncers tell us one of us can go in as it was my turn the other guy said he wasnt waiting anymore. Being nice i told him to take my spot as i was a regular at the club. He went in no search. 5 minutes later the bouncers say i can go in but must be searched ask if i have any weapons on me i say no. Not understanding what was going on i took my cigarettes out of my pocket where the bouncer took them from my hand and opened up to find cocaine. Then handed it to another bouncer and the called their manager. I requested several times to be allowed to leave and go home. The bouncers refused to let me leave. Law enforcement later arrived and i was arrested. Now charged with PWID of cocaine 1st offense. I have never been in trouble before. I did not verbally consent to the search. I dont know why I was the only one searched. The bouncers told the officers that giving up my spot in line made me look suspicious. I was not aware of the 4th amendment when this took place nor was i aware of my rights. Can my lawyer use this to have the evidence dismissed?

🙏🙏🙏🌎 I did motion to suppress the evidence.

The cops came into my home while i was gone no one else was home either. But i was home moments before when they claim to be watching me. I've been charged with several felonies and there were more people living there to. The being charged with 310g of meth it was some form of liquid with traces of meth but i had never seen it. What's your advice on this

While I was being investigated for a hit and run, the officer perhaps extended the stop by asking me personal questions that weren’t pertinent to the investigation, rather the investigation was concluded. I responded by saying I don’t answer questions. The officer then wanted me to step out of the vehicle to perform a roadside sobriety test. I refused that and I also refused the breathalyzer test. I was immediately placed under arrest and taken to a hospital and waited for a warrant for a blood test. The warrant was issued by the judge and they took my blood and took me to jail. I was wondering if it is methodical to get the blood evidence suppressed due to the cop extending the stop? I was also wondering if the warrant itself could be challenged based on lack of evidence? That is, the only evidence was the officer’s claim that my eyes were glossy, slurred speech, and smelled an intoxicating odor (the usual cookie cutter excuses).

🇺🇸🌎🙏🙏🙏 Thank you.

police came to my hm for a search they took a large some of cash from me but the receipt that was in the bad with the money they removed and left it Shouldnt the receipt been included with the money ? Also I was given the search warrent after i was being taken to jail your input is is very important to me to attprney i hired has done absolutely nothing for me and told me i need to take a plea bargain i fired him and now am having to represent myself thank you

if the police knock on your hotel door and ask to search when you refuse they officiate an eviction on that basis can i ask for evidence seized to be suppressed ?

I was arrested for possession when the substances were found underneath my car, I was charged with possession of a controlled substance. Does this is constitute as possession even though nothing was found on me?

Is the Motion to Suppress only avail once a person has actually been "charged" with a crime or can that motion be utilized prior to charges being filed? Motion to Dismiss (a case) is used to fight charges, But I never see a Motion to Drop (a case) before charges are filed.

My cousin just got a charge and I want to help him find a lawyer and learn about his rights.

I'm charged with poss CS 4-200 due to traffic violations. Officer informs me I have 3 outstanding warrants & asks me to step out of car. A female officer arrives, to search me & finds nothing. Then male officer says he's gonna search car & asked if I had any drugs in car. My response was no. Then thinking "honesty is the best policy" after remembering a couple of old buds may be in car, To my knowledge, I did NOT have CS in car/in my person. And In my opinion, roach buds shld not be worth mentioning or the paperwork. Within few seconds into searching, he yelled out book her, I found a bag of cocaine. I wasn't concerned bc I know I didn't have any narcotics & anything wld have to be sent to lab for testing. At the time of booking, Im told I'm there for warrants & traffic violations. Early am hours, I wake up to same male officer knocking at cell block door, saying bag tested positive for cocaine. And that he wld send a narcotics officer, to talk to me. I responded "sure" I'd like to ask for his advice on the matter. To test whatever again & check fingerprints. Of course no one came. Till I was transferred to county jail where I learned I was indeed charged for drug poss. Nothing about the 3 outstanding warrants or any traffic violations. I was to be bailed out on drug offense.

Can you file a motion to suppress evidence not listed on a warrant return list under Sec 933.12 ?

So if a alleged victim calls the cops and claims they see a piece of property on a site where people sale property and the cop on the case ask them for a serial number so he can authenticate the accusation. If the victim cannot provide serial number , will the officer still have probable cause at the point to conduct a knock and talk which leads to a arrest and search

I rented my friend a motel room and a few hours later he asked me to sit in the room and wait for him to get back from a family member of his and then 30 mins later cops bust in and claim to have found meth I never seen the drugs so I dont know if the drugs were ever there.plus I have witnesses proving if ad when a drug deal went down I was not present.but my attorney said these witness statements wont matter is this true?

Is a picture of myself holding a glass pipe taken by a ci and given to the da probable cause to get a warrant to search the house where i lived?

The cop said he wanted to remind me of a parking ordinance. In my conversion van he Saw me through the rear windows sitting with light on. Moving around. He approached on the left side.placed his face against the window to see the (pipe). Then alerted me with flash light.

A police officer was investigating a friend's house I was visiting seen my car and got a search warrant for my house.

Can a person be sent to prison without a jury/judge trial?

I was pulled over a few days ago for "being to close to a truck in front of me" he asked to search my vehicle, I said "No of like to get going I'm late for work." He then called for a K-9, the K9 unit drove past us circled around then they found 2 substances under 1 gram each, do I have any possible defense?

I got pulled over outside a house that they had a warrant for. They charged me with drugs in the house. How is this possible?

I am a Latin man and five officers jumped me in the middle of the night. They said that a concern citizen stopped them while they was in patrolling the streets. They said that the citizen told them that I was fighting in the club but no videos was recorded of me fighting in the club and officer then said her lieutenant told her yo grab me. This hold time I was on the sidewalk not fighting anyone. They then broke me down to the floor n knocked me unconscious. They later staged a video scene 12 minutes later after the officers made contact with me.

are there time limits on when you can file these motions to suppress?

Hi Steve! My name is Dot. Okay so my love was grieving the loss of his mentor and boss the other day. I was out ofstate so I called a buddy of his and asked him to do a check on my guy. Well...my guy got the call..went over to the friends apartment to get out of house. His friend asked him to give a ride to go pickup some money a friend owed him. They made it back to the apartment entrance at which time..they were pulled over by dps officers.2 cars. .the passenger and my guy exited the vehicle and we're met by the cops The friend had apparently hid an 8 ball of meth in the under console of our truck. Under the cup holder..he removed the entire piece and placed it inside the middle console. Cops wnt straight to friend.then went directly to. This"hiding spot" the friend had made and pulled out the drugs. My guy hadno knowledge andtold his buddy...c'mon man... I work.ibdont do that shit. And his friends response was I can't. He walked away and my guy was placed in cuffs They didn't impound And they arrested my guy on a 4-200 charge Reason for stop: The paper plates flapping and they couldn't see the numbers

I've heard if they have no reason to pull me over that I should file a motion to suppress. Is it a good idea?

If I were pulled over for a traffic violation and had my vehicle searched, (with no consent nor reasonable suspension) and they find a firearm, assuming I’m found innocent of possessing that firearm on the basis of unlawfully search and seizure, would I recover the seized firearm? Does this sort of situation have the same out come with drugs instead of a firearm?

What if the search and seizure warrant wasn’t signed by a judge, but instead a court attorney/referee from Family Court? Will it still hold up in court, or be dismissed? Thanx in advance.

I left from a verbal altercation, then police saw me. i denied consensual conversation then was threatened to be put in handcuffs if i kept walking an said they are investigating a "possible" domestic grandmother called an said grandson and girlfriend were "fighting" and i fit the description (wearing black) but no report of physical contact is that reasonable suspicion for a crime or probable cause? do they have have to articulate more than that?

What to do if i was lied to by public defenders office and the DA office on the motion 1538.5

Can one be pulled in traffic and held in custody in police vehicle while a warrant is issued to search home ?

Hey Stephen Jose here quesiton was how long do u have to wait to file another bond hearing or can a skilled criminal defense attorney possibly get a defendant outta jail at any point in time? Thanks

I got pulled over and I have a suspended license with driving privlages but I went off course. I was driving fine. Is this good to file a motion to suppress? Thanks so much 😊

what sort of rules and or guidelines come into play when it involves your electronic information being obtained without your knowledge or consent? such as emails, text messages, stored files on your computer, etc. Do they have just free reign to look and take what they want because technically because you agree that the info isnt really your but the companies to which service your using to do what they will with it?

Does the officer have to give citation for running red light prior to searching a personal vehicle? Per 4th amendment of course.

What is the grey area surrounding Miranda, when being detained for investigation. What are the conditions that give a reasonable person cause to expect Miranda during detention?

I have a question why every time the person has court they change lawyers and public defender like the toss it over

What about “protective sweeps” done by the police when they don’t satisfy the 3 factors in executing the sweep?

after i declined a search of my car the dog showed up and gave a hit by the trunk. That's what have them what they called probable cause ..after an extended search of my whole car they opened my hood of the car and found some bs. Is looking under the hood thing legal?

Hello it's Jessica again.they didn't seize anything.and I don't have a lawyer is a public defender ok to get.and what should I plea if I'm gonna file this motion.