Legal Question in Criminal Law in California

wrongly pulled over due to tinted windows

pulled over due to tinted windows, the car was searched and a controlled substance was found. the car does not have tinted windows. how do i get a motion filed to supress.


Asked on 11/30/05, 5:52 pm

2 Answers from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: wrongly pulled over due to tinted windows

You first call a lawyer and pay to have it done right the first time. Please provide more to your post than you have. I can better advise you if I know what your charges are. --Phil

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Answered on 11/30/05, 7:24 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: wrongly pulled over due to tinted windows

A motion (usually on behalf of a criminal defendant) to disallow certain evidence in an upcoming trial is a motion in limine, which is Latin for "at the threshold." CA penal code 1538.5 can help you format your motion if you are familiar with what must be included. It is then up to the prosecutor to satisfy the burden and show justification for the illegal stop, detention and/or subsequent "fruits of the poisonous tree" search wherein the incriminating evidence was "improperly" discovered. If you would complete, affordable legal assistance in handling this properly, contact us directly.

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Answered on 11/30/05, 7:33 pm


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