Practice Area
San Diego Illegal Search & Seizure Attorney: Motions to Suppress
If the police stopped you, searched you, your car, your phone or your home without a lawful reason, the evidence they found may be thrown out. Attorney Anton Vialtsin challenges illegal searches in San Diego state and federal courts. Call (619) 357-6677 for a free consultation.
Your Fourth Amendment rights
The Fourth Amendment protects you against unreasonable searches and seizures. In practice, that means police generally need a warrant, probable cause, reasonable suspicion or your consent, depending on what they do. When they break those rules, the exclusionary rule lets the court throw out the evidence, and anything found because of it.
Search-and-seizure law is at the heart of our practice. Anton publishes a new video every week breaking down real Fourth Amendment cases, and he uses those cases in court for clients.
Common illegal searches and stops
Traffic stops that last too long
Police can stop a car for a traffic violation, but they cannot hold you longer than the ticket takes just to fish for something else, such as waiting for a drug dog, without separate reasonable suspicion.
Stops without reasonable suspicion
Police need specific facts suggesting a crime to detain you. "Matching a description" based only on hair, clothes or location is often not enough.
Car searches
The "automobile exception" lets police search a car only with probable cause. A search of your bags, trunk or closed containers still has limits.
Home searches and warrants
Your home gets the strongest protection. Police generally need a valid warrant, or a true emergency, to enter your home, garage, porch or yard (the "curtilage").
Consent searches
You have the right to say no to a search. Consent obtained by lies, threats or from someone without authority can make the search illegal.
Phones, GPS and surveillance technology
Cell phones, location data, GPS trackers, license plate cameras and thermal imaging are where the law is changing fastest, often in the defense's favor.
Probation and parole searches
A "4th waiver" lets police search people on probation or parole, but it has limits, and police must know about it before they search.
Browse all our 4th Amendment & search videos.
How a motion to suppress works
- We get every record of the stop and search: police reports, body-camera and dash-camera video, dispatch recordings, the warrant and its affidavit.
- We find the violation: no reasonable suspicion for the stop, a stop held too long, a search beyond what consent or a warrant allowed, or a warrant based on false or missing information.
- We file the motion: under Penal Code 1538.5 in California state court, or Federal Rule of Criminal Procedure 12 in federal court. A false warrant affidavit can be challenged at a Franks hearing.
- The officers testify at a hearing, and we cross-examine them on what really happened.
- If the judge grants the motion, the evidence is excluded, and the case is often dismissed or reduced.
Federal felony DISMISSED. Importation of 71.07 lbs of methamphetamine, dismissed after Miranda and Fourth Amendment violations, including a GPS tracker installed without a warrant. United States v. E.P.
Prior results do not guarantee a similar outcome. See all our results.
What to do if police stop or search you
- Stay calm and do not physically resist, even if you believe the search is illegal.
- Say "I do not consent to any searches." Say it clearly, once.
- Ask "Am I free to leave?" If yes, leave calmly.
- Say "I want a lawyer" and stay silent. Do not explain or argue at the scene.
- Write down everything as soon as you can: times, what was said, officers' names, witnesses.
State and federal court
We bring search-and-seizure challenges in every San Diego County courthouse and in federal court. Federal cases, often border, drug and firearm cases, are heard in the Southern District of California, where Anton has handled more than 400 federal cases and is a member of the CJA Panel, a very strict selection that requires years of federal criminal experience. See our federal criminal defense and California criminal defense pages.
Where we take cases
Our office is in downtown San Diego at 185 West F Street, Suite 100-D. We defend clients throughout Southern California, in both state and federal court, and beyond.
San Diego County
- Downtown San Diego
- Chula Vista (South County)
- El Cajon (East County)
- Vista (North County)
Orange County & Los Angeles
- Santa Ana, Anaheim, Irvine and all of Orange County
- Los Angeles County
- Riverside County
Federal Court
- Southern District of California (San Diego & El Centro)
- Central District of California (Los Angeles, Santa Ana, Riverside)
- CJA Panel attorney in both districts
And beyond
- Imperial County (El Centro)
- Licensed in California and Nevada
- Federal courts in Nevada
Frequently asked questions
What is a motion to suppress?
A request asking the judge to throw out evidence the police got illegally. In California state court it is filed under Penal Code 1538.5; in federal court under Federal Rule of Criminal Procedure 12. If the judge agrees, the prosecution cannot use that evidence.
What happens if the evidence is suppressed?
Without the evidence, the prosecution often cannot prove the case, and many cases are dismissed or reduced. Evidence found because of the illegal search can be excluded too ("fruit of the poisonous tree").
Do I have to consent to a search?
No. You can calmly say "I do not consent to any searches." Do not physically resist; if the search is illegal, your lawyer challenges it later in court.
Can police search my car during a traffic stop?
Only in certain situations: with probable cause, with your consent, after an arrest in limited circumstances, or for an inventory after a lawful tow. A traffic ticket alone does not allow a full search.
Does a warrant mean the search was legal?
Not always. A warrant can be invalid if it was not supported by probable cause, was too broad, or relied on false statements. False statements can be challenged at a Franks hearing.
How do I know if my search was illegal?
The details decide it: why you were stopped, how long it lasted, what was said, and what the officers wrote. Call (619) 357-6677 for a free consultation, and bring any paperwork and video you have.