Will the Drug Evidence be Suppressed?
One of the first questions someone who is arrested and charged with a drug offense in Philadelphia has is whether they can beat the charges or win their case. Suppression of evidence, like drugs or incriminating statements, often results in dismissal of the case. So, it is vital that suppression issues be taken seriously and investigated thoroughly.
It is difficult to assess potential suppression issues without knowing all the facts. The success or failure of a suppression motion depends on the facts, timeline of events, credibility and believability of any witnesses, etc.
The following discussion of criminal law in Pennsylvania is for information only. If you have questions about your specific case, please call our office. Our criminal lawyers provide a FREE consultation in all criminal cases. (215) 564-0644
Suppression Issues in Criminal Drug Cases in Philadelphia
Illegal Search and Seizure
Under federal and state constitutional law, citizens of Pennsylvania have the right to be free from unreasonable search and seizure (4th Amendment of the U.S. Constitution and Pennsylvania Constitution Article 8). When government agents (police) violate these rights, a criminal defendant can file a Motion to Suppress Evidence or a Motion to Suppress Statements, or both.
Search and seizure law is very complex. Common suppression issues in criminal drug cases in Philadelphia usually involve:
- search/seizure of drugs found in a vehicle;
- search/seizure of drugs found during a pat down (or stop and search); and
- search/seizure of drugs found during a home raid.
If the police violate an individual’s rights, drugs found in any one of the above situations may be suppressed, or thrown out of the case. In most drug charge prosecutions, suppression of the drugs results in dismissal of the case.
Suppression of Statements
Under the 6th Amendment of the U.S. Constitution and Article 9 of the Pennsylvania Constitution, individuals have the right to be free from self incrimination. Police interrogation in certain circumstances can result in suppression of evidence. For example, if an individual is arrested or placed in custody and interrogated without having been given Miranda warnings, the statements may be suppressed. Click here to read more about suppression of statements in drug cases in Philadelphia.
Also, it is important to note that illegal police conduct which leads to discovery of evidence which then leads to discovery of additional evidence may result in suppression of all incriminating statements.
Philadelphia Criminal Lawyer – Specializing in Guns & Drug Cases. FREE INITIAL CONSULTATIONS
If you or a loved one was charged a drug crime in Philadelphia, you owe it to yourself to hire an experienced defense attorney. David Nenner has been trying criminal cases in Philadelphia and the surrounding counties for nearly 25 years. Call (215) 564-0644.