Client was contacted by law enforcement after allegations of suspicious activity. While officer checked the parking lot for criminal activity, he allegedly heard the sounds of voices and car doors closing from an adjoining business complex. Officer then allegedly observed brake lights illuminate to a vehicle and ran back to his own patrol. He then allegedly observed a vehicle exit the adjoining business complex. Officer proceeded to initiate a traffic stop of the vehicle and a DUI investigation followed shortly thereafter. Defense and Result: After thorough investigations and witness interviews, defense had enough information to believe that the search of client was based on illegal conduct. The search was based on illegal conduct. A motion to suppress evidence hearing was scheduled. Witnesses were called to the stand, questioned and cross-examined by defense. Exhibits were entered into the record as evidence. As a result, the Judge granted defense’s request and motion to suppress all evidence against client. The case was subsequently dismissed.
Client was stopped for allegedly lane straddling in violation of CVC 21658(a). Law enforcement also allegedly saw swerving and conducted a traffic stop. Client performed field sobriety tests and was arrested for allegedly being under the influence of alcohol and unable to operate a vehicle safely. Client took a blood test. A motion to suppress evidence pursuant to Penal Code 1538.5 was filed and argued before the court. The court found that taking of blood in this case was non-consensual and a warrant should have been obtained first by law enforcement before taking client’s blood. The motion to suppress evidence was granted and the case was dismissed.