On June 24, 1999 Mr. C.H. was arrested for a DUI in El Cajon. He was stopped by a San Diego Sheriff's patrol officer in a Ralph's grocery store parking lot. Because of way in which the Deputy stopped him, tested him, and arrested him, a motion to suppress the evidence was filed on his behalf.

During the hearing on the motion the deputy testified as to his observations and his reasons for contacting Mr. C.H. The deputy could not give any reason (no specific fact; circumstance; or violation of law) for his contacting Mr. C.H. In essence, the deputy had "a hunch."

After all of the testimony, argument by myself and the prosecuting attorney's argument the Judge began his ruling by using the phrase "It is difficult to be a Monday morning quarterback." The judge went on to explain to the Deputy and to the prosecution why he was suppressing the evidence.

The end result was that the Judge agreed with me that the evidence should be suppressed because the officer had no reasonable suspicion to stop Mr. C.H. to begin with. Since there was no reasonable cause to stop him, everything that happened after the stop was thrown out. This left the DA with no case and the case was dropped entirely.

This was my very first suppression motion! Hopefully we can be as successful in your case! Remember, however, every situation is different and I can't promise that I can do the same in your case - that would be unethical.