On February 4, 2015, Criminal Defense Clinic students Grace Kouba (JD ‘16) and Emi Young (JD ‘16) argued a suppression motion in San Mateo County Superior Court on behalf of a client charged with petty theft. The motion was based on two separate constitutional violations; the unlawful search of the clients’ belongings and an unreasonable detention. After hearing testimony from two prosecution witnesses and argument from both sides, the judge granted the motion from the bench.

This ruling came despite a surprise development from the prosecution on the day of the hearing. The prosecution’s briefing relied on an account of the facts virtually identical to that in the defendant’s briefs—and these facts were very favorable to the defense arguments. However, on the day of the hearing, both prosecution witnesses suddenly remembered that the items recovered in the search were in “plain view.” Because these facts were not only missing in, but also inconsistent with, the witnesses’ prior reports, Grace and Emi successfully impeached their testimony. It was apparent from the subsequent ruling that the judge did not believe the testimony was credible.

This victory means that much of the evidence the prosecution could have relied on at trial is now excluded. The team and their client are confident they’ll be able to secure a favorable outcome as they move forward in the case.