![]() ![]() If certain evidence cannot be admitted, a case may be dismissed. In a Nutshell: A motion to quash a warrant and suppress evidence is a request that the judge find a warrant was improperly obtained and therefore any search in reliance on the warrant was illegal, which renders any evidence found in the search inadmissible. The motion is often also called a “ Franks’ motion after the famous U.S. This motion is often called a motion to “traverse” the warrant or controvert it, often on its face and/or through supporting declarations that point out how the affidavit supporting the warrant was false or insufficient. Under California Penal Code § 1538.5(a)(1), a defendant may challenge the lawfulness of a search warrant and to suppress evidence that was gathered as a consequence.
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