Email or Call (215) 564-0644

    Philadelphia Criminal Defense Lawyer Discusses Motion to Suppress in Drug Cases

    Just because individuals are arrested and charged with possession of drugs in Philadelphia does not necessarily mean that the case will go to trial.  Pretrial motions such as Motions to Suppress are often important in dismissing the case.  In my experience as a Philadelphia criminal defense lawyer, Motions to Suppress often determine whether the case is dismissed, such as a Motion to Suppress drugs or weapons evidence.  It is one of the best and important pretrial motions to help the defendants.

    Philadelphia Possession with Intent to Deliver (PWID) Charge Hypothetical

    Consider the following hypothetical.  Two police officers are patrolling a high crime neighborhood.  They see a parked car in front of a house with 2 individuals inside the vehicle, one in the driver seat, and the other in the front passenger seat.  They pull up behind the vehicle.

    The police officers get out of their vehicle and approach the parked vehicle.  One of the police officers asks if everything is okay, and the driver says, “yeah” with an attitude.  The police officer then asks the driver and passenger to get out of the vehicle and searches the inside of the vehicle.  The officers find a large amount of meth in the glove compartment.  The police officers then arrest both of the individuals, and the individuals are charged with Possession with Intent to Deliver (PWID).

    Per Pennsylvania’s criminal law, in order to search the car, the police officers needed to have probable cause, which means that the police had to have sufficient factual basis i.e., articulable facts, to form a reasonable belief that an offense had been or was being committed.

    In this hypothetical, what facts can the police rely on to form probable cause?  They did not see the passengers exchange drugs/money, there was no smell of marijuana and there was no other factual basis to form a reasonable belief that an offense was committed.  Because there was no factual basis to form probable cause, the police officers did not have a right to search the vehicle.  In such a case, a Motion to Suppress the meth found as part of the illegal search would be filed, and the court would most likely dismiss the drug case.

    Related Drug Case Result Obtained by Mr. Nenner – Due to a successful Motion to Suppress drugs found during a traffic stop filed by Mr. Nenner, the prosecution withdrew the Philadelphia drug case.  Click here to see more successful criminal case results obtained by Mr. Nenner.

    Help After a Drug Arrest or Drug Charges in Philadelphia

    If you were arrested by the police and subsequently charged with drug crimes in Philadelphia, contact David S. Nenner, a top rated Philadelphia criminal defense lawyer.  Unlike many Philadelphia criminal defense lawyers, Mr. Nenner offers FREE consultations. Call 215.564.0644 to schedule a consultation.

    David S. Nenner

    "Top Rated Criminal Defense Lawyer"

    MURDER, Att. Murder CHARGES – Negotiated Significantly Lower prison sentence (Feb. 2022, PHILA)

    Mr. Anderson faced murder and attempted murder charges after an incident in Northeast Philadelphia involving the shooting death of Anderson’s sister’s boyfriend and the boyfriend’s roommate who was shot 5 times and survived. The decedent had previously beaten the...


    The Commonwealth alleged that Mr. Shelton shot and seriously injured a male in a bar in North Philadelphia called Circles. There was video of the shooting which happened outside the bar. However, Mr. Nenner presented witnesses who testified that the person in the bar...


    Mr. Nenner's client was charged with multiple crimes (murder, conspiracy, aggravated assault, robbery, etc.) after a shooting death occurred at a gambling house in North Philadelphia. At trial, Mr. Nenner successfully presented a self-defense argument and convinced...


    Mr. Nenner’s client was charged with murder and gun charges in Philadelphia. The client was accused of shooting and killing another male on Arch Street near the 5600 block of Ithan Street in Philadelphia. The jury returned a verdict of not guilty after deliberating...

    Drug Possession Case – Motion to Suppress Granted

    Mr. Nenner presented evidence that to show that the traffic stop was a pretextual stop. The officer had no reason to pull the car over. The judge agreed and suppressed the evidence. As a result, the prosecution withdrew the charges.

    Sentencing for 1st Degree Murder in PA

    In this article below we discuss sentencing for 1st degree murder cases in Pennsylvania. In later articles, we will discuss sentencing for 2nd and 3rd degree murder cases. If you or a loved one is facing murder charges in Philadelphia or the surrounding counties,...

    Philadelphia Criminal Trials – Evidence Pointing to Another Perpetrator in Drug Possession or Drug Manufacture Cases

    In criminal trials in Philadelphia, one pretty common defense tactic is pointing the finger at another person at trial. This can raise enough doubt to result in a not guilty verdict by the judge or jury that the defendant was not the perpetrator of the crime. Here’s...

    Philadelphia Murder & Gun Possession Cases Increasing in 2021 – A Look at Common Charges & Defenses

    A look at PA criminal law for Murder (1st, 2nd, 3rd Degree), Aggravated Assault, Robbery, Possession of a Firearm, Carrying a Firearm Without a License, Carrying a Firearm in Philadelphia (misdemeanor).

    Pennsylvania Murder Charges, Deceased Person’s Statements Used to Prove Guilt

    Defense Trial Strategies – Excluding Statements That Accuse the Defendant Prosecutors often look to a deceased individual’s statements made prior to a murder to show that the defendant is guilty. These statements may point to a history of violence between the deceased...

    Pennsylvania (State) Drug Charges, Dog Sniffs & Constitutional Law

    Federal and Pennsylvania state courts treat narcotics dog searches differently. So different that the same scenario could result in different outcomes in federal versus state court. For example, a Philadelphia resident is pulled over for speeding. During the traffic...