Category: Guns & Drugs

Gun charges are some of the most common cases in Pennsylvania’s federal court, especially for residents of Philadelphia. Usually, federal gun charges are filed with other charges, like drug delivery.

Depending on the amounts being “sold,” an individual may face many years in prison if ultimately convicted of even a single count of manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance.

Over the past decade or so, Pennsylvania’s mandatory minimum sentencing law in drug-gun cases has resulted in increased prison sentences for many residents of Pennsylvania, including residents of major cities like Philadelphia, which has a high number of drug-gun cases compared to other Pennsylvania cities.

Pennsylvania’s Supreme Court 2014 ruling changed the entire landscape of search and seizure in drug and gun cases in Philadelphia.

One of the most common types of criminal state (PA) cases in Philadelphia is the possession of drugs. Possession of a Controlled Substance (PCS) and Possession of a Controlled Substance with Intent to Deliver (PWID) often involve narcotics, heroin, cocaine, meth, etc.

In drug cases in Delaware County and Chester County, one of the most important questions is whether the police illegally searched or seized drug evidence.

Drug dealing and possession charges in Philadelphia can be fought successfully. One of the most critical questions in these cases is whether law enforcement committed any constitutional violations that might result in evidence being thrown out.

In Part I of this article series, we discussed the “Schedules” of drugs pursuant to Pennsylvania and Federal law.  Defendants facing drug charges in Philadelphia criminal cases face serious penalties.

Under the 4th Amendment to the U.S. Constitution, law enforcement is required to obtain a warrant before conducting a search or seizure of persons or property, including homes, cars, etc.