How can an attorney challenge evidence in a criminal defense case?

In a criminal defense case in California, an attorney can challenge evidence using a variety of approaches in order to have it excluded from the trial. For instance, an attorney may challenge the credibility of a witness by questioning their character, or by showing that their testimony is inconsistent. An attorney may also challenge the admissibility of evidence by arguing that it was not obtained in accordance with the Fourth Amendment protection against unreasonable searches and seizures. Additionally, an attorney may challenge evidence on the grounds that it is irrelevant or prejudicial. To challenge evidence in a criminal defense case, an attorney will typically file a motion with the court to suppress the evidence. In this motion, the attorney will provide the court with the legal basis for their challenge. For example, if the defense is challenging evidence on the grounds that it was obtained in violation of the Fourth Amendment, they would cite to the particular constitutional provision in their motion. The court will then review all of the evidence, arguments, and legal authority presented, and make a ruling on whether the evidence is admissible. If the court finds in favor of the defense and suppresses the evidence, the prosecution will not be able to introduce it into the trial.

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