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Date Posted: April 21, 2009 by amplaw

Motion to Suppress

Motion pursuant to California Penal Code section 1538.5 and Williams to suppress evidence that was the product of a warrantless search and arrest. Defendant charged with violation of Health and Safety Code section 11378 after search of defendant who was stopped near a school that had an unlocked door. Items to be suppressed are: Identification of the defendant; All observations made by law enforcement of defendant and of his actions; All statements made by defendant to law enforcement; All items of evidence listed in the Incident Report, including the alleged crystal methamphetamine and hypodermic syringes. Motion cites numerous federal and state authority in support of suppression.

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