FREE CONSULTATIONS

Email or Call (215) 564-0644

    My son was arrested in Philadelphia, PA for drugs and guns after he was chased by police for no reason. He didn’t do anything wrong. Can he beat the charges?

    There’s no way to answer this question without knowing more facts about what police observed prior to chasing your son, where and when the case started, etc. The legal info below is general information and is no substitute for legal advice. Call our Philadelphia criminal law office for a free consultation. (215) 564-0644

    Police Chasing Individuals on the Street in PA – Is it Legal?

    Many drug possession and gun arrests start with police chasing an individual on the street. A police officer on routine patrol may see a person on the street walk away quickly as the officer approaches. Is the officer allowed to get out of the patrol car and chase after the person?  

    In Philadelphia, if police violate constitutional rights of the accused, courts may suppress critical evidence, like the actual drugs or guns that were recovered due to the search or arrest. Without this evidence, prosecutors often agree to dismiss the charges, or at the very least, offer plea deals on lesser charges.  

    Get more info, visit our Philadelphia Criminal Law Library.

    Are Police Allowed to Chase Someone Who is Running or Walking Away?

    The answer depends on the situation. Pennsylvania courts have held that people are free to walk away from and even run away from police on the street. There are only three occasions when police can chase someone who walks or runs away from them on the street.

    1. Police approach someone who runs/walks away in a high crime area.
    2. Police have reasonable suspicion of criminal activity involving the person who runs/walks away.
    3. Police have probable cause to make an arrest of the person who runs/walks away.

    More: Pennsylvania Criminal Law – Running or Walking Away from Police 

    Walking or Running Way in a High Crime Area

    If an individual who is in a high crime area walks or runs away when an officer approaches on foot or in a patrol car, courts will side with the police. The U.S. Supreme Court and Pennsylvania courts have held that police have the legal authority to chase individuals who flee from police IF AND ONLY IF this happens in a high crime area. Officers are NOT allowed to chase individuals who flee in other areas, unless 2 or 3 above applies.

    So, if an officer chases someone who walks away, and then arrests that person for dropping contraband, a court is likely to find that the chase was illegal and therefore the recovered contraband was obtained illegally and must therefore be suppressed from the case.  

    Reasonable Suspicion or Probable Cause to Chase

    If, before the chase starts, an officer has reasonable suspicion or probable cause to chase the person, the chase would be legal.

    Reasonable suspicion is a reasonable belief that criminal activity might be occurring and therefore investigation is necessary. Reasonable suspicion must be based on facts. An officer’s vague hunch is not enough to justify reasonable suspicion.

    Probable cause is a reasonable belief, based on clear facts, that the individual has committed or is about to commit a crime.

    David S. Nenner

    "Top Rated Criminal Defense Lawyer"
    (2015-2022)

    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...

    Att. MURDER CHARGES – NOT GUILTY JURY VERDICT (April 2022, PHILA)

    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...

    MURDER, Robbery CHARGES – NOT GUILTY JURY VERDICT (MAY 2021, PHILA)

    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...

    MURDER CHARGE – NOT GUILTY JURY VERDICT (MAY 2021, PHILA)

    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.

    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.