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    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"
    (2015-2021)

    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.

    Attempted Murder Case – Not Guilty Jury Verdict

    Mr. Nenner presented a self-defense argument, and the jury returned a “not guilty” verdict after a 7 day trial in Philadelphia.

    3rd Degree Murder Case – Charges Dismissed for Co-Defendants

    Mr. Nenner represented co-defendants in a shooting death in North Philadelphia. Both cases were ultimately dismissed.

    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...

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    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...

    Dog Sniff Searches of Cars in Pennsylvania Traffic Stops (Federal Law)

    Dog or canine searches of cars during traffic stops in PA often lead to drug possession/dealing charges and gun charges. For example, a police officer pulls over a driver for speeding. During the traffic stop, a canine search is performed revealing several bags of...

    Federal Drug Dealing Crime Sentencing Law – Mandatory Minimum Sentences Reduced in Phila. Cases

    On December 21, 2018, federal sentencing laws for drug cases were amended significantly. The First Step Act removed the mandatory life sentence for 3 time drug offenders in high quantity drug dealing cases and also reduced the mandatory minimum sentences for 2nd...

    Chester, PA Shootings & Homicides, May 2020

    Homicides and murders are up in both Chester and Philadelphia PA so far in 2020. Murder investigations when homicide rates are high may lead to false confessions.