my brother was in parole and he was found in possession of cocaine and the officer grabbed him by the throat as soon a he saw the white rock...

Question

my brother was in parole and he was found in possession of cocaine and the officer grabbed him by the throat as soon a he saw the white rock in the bottom of my brother lip, if there any way that I my brother could do a motion to suppress by the way the manner the evidence was gotten

Answer

He can file a motion to suppress under Penal Coee 1538.5, but it's not likely to get him very far unless he can prove the officer used excessive force.

They aren't supposed to choke (and by that I mean restrict breathing or blood flow) but can put pressure on the neck to prevent swallowing.