Email or Call (215) 564-0644

    Philadelphia Criminal Drug Law, Suppression of Drugs & Guns Found in a Car

    April 29, 2014 Update: PA Supreme Court changes PA stop and search law in drug/gun cases.

    Getting Stopped by Police in Philadelphia Drug Cases

    Under Pennsylvania state and federal constitutional law, police officers are allowed to stop drivers based on reasonable suspicion that a crime has occurred, i.e., a traffic offense. For example, the police may pull a driver over, and if they have reasonable suspicion of criminal activity, they may conduct a brief and safe investigation.

    Related: Philadelphia Criminal Drug Charges, Suppressing Drug Evidence & Incriminating Statements

    Under PA state law, if a police officer sees a driver commit a traffic offense, the officer may stop the vehicle. If, after stopping the car, the officer sees, hears or smells anything which leads to a reasonable suspicion that a crime is occurring, the officer may investigate. However, the length of time of the investigation and contact with the citizen/driver must be reasonable. Again, the officer is allowed to conduct a brief and safe investigation, which includes asking about the individual’s identity and asking questions related to the officer’s suspicions of criminal activity.

    In many car stop cases, police officers routinely look for drugs/guns in plain view, that is, plainly visible from one of the car windows. If officers see anything that reasonably resembles drugs or guns, they probably have probable cause to arrest the driver, depending on the circumstances. In terms of searching the car without a warrant, there must be some emergency or exigent circumstance which justifies the search.

    Warrantless Search of Vehicles in Pennsylvania, The Limited Automobile Exception

    It is a well-established principle of Pennsylvania criminal law that warrantless vehicle searches and/or seizures must be accompanied by both probable cause and exigent circumstances beyond the fact that a car is mobile. Reasonable suspicion is not enough to justify detaining a car for an extended period of time, or while police try to get a search warrant. In other words, police officers are not allowed to seize/detain/immobilize a vehicle during a traffic stop, without a warrant, unless there is BOTH probable cause and exigent circumstances (i.e., an emergency-type situation). The simple fact that a car is naturally movable does not constitute an emergency/exigent circumstance. There must be some other fact to show an emergency situation, such as imminent danger to an officer or the general public.

    More: Arrested for Drugs in Pennsylvania? Read About PA’s Mandatory Minimum Sentences

    It is important to note that succeeding in a motion to suppress in a Pennsylvania drug/gun case often means disproving sworn testimony of police officers. Doing so often requires great skill in exposing inconsistencies in an officer’s version of events. In many cases, it may be necessary to present evidence which directly opposes the officer’s version of the story.

    Click here for part 2 of this article to learn about reasonable suspicion and probable cause in vehicle drug stop and search cases in PA.

    Related News: Philadelphia PA Drug Cases Thrown Out Due to Corruption in Philadelphia’s Police Department

    Drug Charge Lawyer in Philadelphia

    If you would like a free consultation in a Philadelphia drug/gun case, please call our office at (215) 564-0644. Our criminal lawyers also represent clients in Delaware, Montgomery, and Bucks County.

    Disclaimer: This website does not create any attorney-client relationship or provide legal advice. Our lawyers provide legal advice only after accepting a case. It is imperative that any action taken is done on advice of counsel. Read full disclaimer below.

    David S. Nenner

    "Top Rated Criminal Defense Lawyer"

    Not guilty on 1st Degree MURDER CHARGE (dec. 2022, Pottsville, Pa)

    Mr. Nenner's client faced first degree murder, third degree murder and various other charges. The Commonwealth alleged that Mr. Whitted stabbed and killed a driver after an incident at a red light in West Brunswick Township. Throughout the trial, Mr. Nenner argued...

    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 Charges in Philadelphia PA State Court – Possession of a Controlled Substance

    In most criminal drug cases in Philadelphia, there are two common charges or offenses: Possession of a Controlled Substance and Possession of a Controlled Substance with Intent to Deliver. In addition to these drug charges, there are other drug related charges, such...

    Drug Charges in Philadelphia PA State Court – What is “Possession”

    Page last reviewed and updated: October 20, 2019 One of the most common types of criminal state (PA) cases in Philadelphia is possession of drugs. Possession of a Controlled Substance (PCS) and Possession of a Controlled Substance with Intent to Deliver (PWID) often...

    Pennsylvania Second Degree Murder (AKA: Felony Murder) Law

    Philadelphia criminal lawyer David S. Nenner discusses the current status of second degree murder law in Pennsylvania. This is also known as the felony murder rule. Get info about PA court decisions and the agency theory. Not every case of death during the commission of a felony will result in a second degree murder conviction in PA.

    Philadelphia Murder Cases – Police Investigation Tactics

    Questioning Police Officer Tactics in Philadelphia Murder Cases Within the last 10 years, there have been several murder Philadelphia criminal cases in which the accused individuals were acquitted of the crimes. In these cases, the individuals spent months, if not...

    Murder Charges in Pennsylvania – Murder Law in Pennsylvania

    An explanation of Pennsylvania murder laws including Section 2502. What is murder in the first degree, murder in the second degree and murder in the third degree. Get a summary of the definitions under Pennsylvania criminal law.