Can Evidence Be Thrown Out in a California Criminal Case?

Police officers must follow very strict rules during searches and arrests. If they don’t, defense attorneys may question the reliability of this evidence. If the violation is serious enough, the court may throw the evidence out.

This article discusses when evidence can be thrown out in California criminal cases. It also outlines what happens when judges decide that evidence cannot be used. Finally, it explains how a Marin County criminal defense attorney can help. 

When Can Evidence Be Thrown Out in a California Criminal Case? 

Evidence can be thrown out for many reasons, but most often happens when officers violate constitutional standards or other rules during a search or arrest. Some examples of this include: 

• Making an illegal stop of a person or vehicle 
• Unlawfully extending a valid stop
• Making an arrest based on a faulty warrant 
• Conducting a search without a warrant or an exception to the warrant requirement
• Searching beyond the limits of the search warrant or warrant exception 
• Questioning a person in custody without reading them their Miranda rights 
• Failing to honor a suspect’s right to counsel or right to remain silent during police questioning 
• Neglecting proper storage and chain-of-custody protocols
• Using old or outdated equipment for scientific testing

Many of the things on this list are the result of law enforcement mistakes. However, officers and prosecutors may also engage in intentional actions that can affect a case, such as: 

• Coercing confessions through beating or other means
• Hiding evidence 
• Tampering with evidence 
• Failing to turn over helpful evidence to the defense 

Whether intentional or not, many police actions can do great harm to an accused person. 

How Do I Get Evidence Thrown Out in a California Criminal Case? 

The tool lawyers use to throw out evidence in California is a motion to suppress. 

In a criminal case, each side must exchange information and evidence. After that, your lawyer might challenge the evidence against you. If they do, they can file a motion to suppress. This motion must be written, must include legal citations, and must clearly state why the evidence is tainted. This motion can raise issues such as: 

• The sufficiency of the warrant
• The execution of the warrant
• The lack of probable cause for the warrant 
• Constitutional violations

If your Marin County defense lawyer decides that some of the evidence should be challenged, they will file this motion. Typically, they are filed well before trial.

After your attorney files the motion, the court will schedule a suppression hearing. At this hearing, the judge will hear your defense attorney’s arguments as to why the evidence is questionable, as well as the prosecutor’s responses. They may consider bodycam footage, interrogation videos, and other evidence. 

After hearing both sides and reviewing the evidence, the judge will decide what should happen to the evidence. 

What Happens If the Judge Throws Out the Evidence?

If the judge grants the motion to suppress, the evidence cannot be used at trial. 

For example, assume that John was arrested by the SFPD. He is placed in custody. He clearly states that he wants to invoke his right to an attorney. Although the Supreme Court has said that all questioning must cease until the attorney arrives, the officers continue questioning John without a lawyer. Before his attorney can arrive, John makes several statements that the police later use against him, including “I was there,” and “I hated him.” If John’s attorney files a motion to suppress and that motion is granted, those statements cannot be used against John at any point during the trial. The jury will never hear them.

Note that getting the motion to suppress granted does not necessarily mean that all charges will be dismissed. In most cases, prosecutors continue the case with other evidence. However, if the suppressed evidence is the cornerstone of the entire case, the prosecution may decide to drop or reduce the charges.

What Should You Do If You Think the Police Illegally Obtained Evidence in Your Case?

There are two steps here: during and after the alleged violation. 

During the violation: 

Any interaction with the police is high stakes, so emotions are likely running high. However, it’s still important to follow these tips: 

• Do not argue with the police.
• Do not engage in any type of physical resistance.
• Do not say anything beyond what they’ve asked you. 
• Take note of the names of any witnesses to what happened to you.
• Note the location. (Your lawyer may be able to get surveillance footage.) 

After the violation:

• Write down your memories of what happened as soon as possible. Specify names if you have them. If you don’t, write down detailed descriptions. 
• Save any videos, photos, or witness names in a secure location.
• Tell your defense attorney immediately. It will alert them to look for materials that may support your claims. 

Frequently Asked Questions About Illegally Obtained Evidence

What if I gave the police permission to search?

Consent is an exception to the warrant requirement. As such, challenging evidence on this ground is difficult, but not impossible. Your attorney may be able to argue that your consent was not freely given or that the police went beyond the scope of your consent. 

Can evidence be challenged after charges are filed?

Yes. Most suppression motions happen after charges are filed but before trial. 

Can one illegal search affect other evidence?

Yes. If the police used illegally obtained evidence to find other evidence, it’s possible that everything that came from the original illegal evidence will be suppressed. (Lawyers call this the “fruit of the poisonous tree.”) 

Will I have to testify at the suppression hearing?

It depends. The defendant usually doesn’t testify, as most defense attorneys prefer to question officers and use bodycam footage and other physical evidence. 

How Can a Marin County Criminal Defense Lawyer Help with Illegally Obtained Evidence?

If you believe that the police acted improperly in your case, tell your defense lawyer immediately. An experienced Marin County defense attorney can help by: 

• Listening to your side of the story
• Reviewing police reports and interrogation footage
• Analyzing warrants for flaws
• Challenging traffic stops, searches, and arrests 
• Challenging any statements made in violation of Miranda
• Filing a motion to suppress
• Negotiating for dismissal of charges or reduced charges

If you need help with criminal charges in Marin County or elsewhere in the San Francisco area, contact Brownstein Law Group. We are experienced. We are fighters. We work hard to get the best possible outcome for every client. Get in touch and schedule a consultation today by calling 415-795-9059 or using our online contact form.