Philadelphia Criminal Defense Blog
Attorney Goldstein Wins Federal Suppression Motion in Electronic Contraband Case
Criminal Defense Lawyer Zak T. Goldstein, Esquire
Philadelphia criminal defense attorney Zak T. Goldstein, Esquire, of Goldstein Mehta LLC recently secured a major victory in federal court when a judge granted his motion to suppress all evidence in a serious federal criminal case. The ruling, issued by the United States District Court for the Eastern District of Pennsylvania, resulted in the exclusion of every item seized by investigators and effectively ended the government’s case.
The client had been charged in federal court with offenses involving the alleged possession and production of unlawful digital material. The prosecution’s entire case depended on evidence taken from a series of search warrants that allowed agents to seize and examine the client’s computers, phones, and other electronic devices.
Attorney Goldstein challenged the legality of those searches in a “four corners” motion, arguing that the warrants were unconstitutional because they were not supported by probable cause. In particular, he demonstrated that the affidavits failed to draw any meaningful connection between the conduct being investigated and the belief that illegal material would be found on the client’s electronic devices. Instead, the government relied on a boilerplate assumption that people accused of sexual misconduct are likely to possess such material on their electronics. Attorney Goldstein argued that this “profile-based” reasoning violated long-standing Third Circuit precedent, which requires a clear factual nexus between the alleged crime and the evidence sought.
The federal judge agreed, ruling that the affidavits were too speculative to support probable cause and that the warrants were so deficient that the “good faith” exception did not apply. The court found that no reasonable officer could have believed that the affidavits established a sufficient basis to search the client’s home and devices. Because the subsequent search warrants were based on evidence obtained from the initial unconstitutional searches, all of the evidence in the case was suppressed.
This outcome is a tremendous win and a relatively rare event in federal criminal litigation. Federal suppression motions are extremely difficult to win. Courts often defer to the government’s investigative process, and they routinely apply a good faith exception where, as here, investigators obtain a search warrant even if the warrant itself turns out to be lacking. Attorney Goldstein’s success demonstrates the value of a deep understanding of constitutional law and the willingness to challenge law enforcement overreach through careful, methodical, and aggressive litigation.
Facing federal criminal charges? We can help.
Criminal Lawyer Zak T. Goldstein, Esquire
If you are facing criminal charges or under investigation by the police, we can help. We have successfully defended thousands of clients against criminal charges in courts throughout Pennsylvania and New Jersey. We have successfully obtained full acquittals and dismissals in cases involving charges such as Conspiracy, Aggravated Assault, Rape, Violations of the Uniform Firearms Act, and First-Degree Murder. We have also won criminal appeals and PCRAs in state and federal court, including the successful direct appeal of a first-degree murder conviction and the exoneration of a client who spent 33 years in prison for a murder he did not commit. Our award-winning Philadelphia criminal defense lawyers offer a free criminal defense strategy session to any potential client, and we frequently spot issues and defenses that other lawyers miss. Call 267-225-2545 to speak with an experienced and understanding defense attorney today.
PA Supreme Court: Defendant Failed to Present Sufficient Evidence to Require Voir Dire Question on Whether Jurors Will Always Believe Alleged Child Abuse Victims
Philadelphia Criminal Defense Lawyer Zak T. Goldstein, Esquire
The Pennsylvania Supreme Court has decided the case of Commonwealth v. Smith, affirming a trial court's broad discretion in refusing a specific jury selection question about a juror’s potential for bias in favor of the truthfulness of alleged child sexual assault victims. The Court concluded that based on the record presented to the trial judge, there was no abuse of discretion in denying the proposed inquiry because the defendant failed to show that jurors tend to believe child abuse complainants more than other potential witnesses. Had the defense presented more evidence to the trial court, however, the question may well have been required.
The Issue in Smith
The defendant, who had been convicted of child sexual assault charges, challenged the trial court's refusal to ask prospective jurors the following specific question during voir dire (jury selection):
Are you more likely to believe the testimony of a child alleging sexual abuse because you do not believe a child could lie about sexual abuse?
The defendant argued that in a case where the uncorroborated testimony of the child complainants was central to the Commonwealth’s case, his right to an impartial jury required a specific inquiry into a potential "fixed bias" that children do not lie about sexual abuse.
The Court's Ruling: Insufficient Evidence to Support the Question
The Supreme Court applied an abuse of discretion standard of review to the trial court’s ruling and rejected the defendant’s challenge as follows:
No Foundation at Trial: The Court noted that the defendant’s argument for the existence of this fixed bias was a "bald assumption" before the trial court as he "offered no support for the proposition that the inquiry addressed a fixed bias or prejudice.” Because the Court must review the trial court's decision based on the information it had at the time, the defense's later, more detailed arguments on appeal were not helpful in terms of retroactively showing that the trial court erred.
Adequate General Inquiry: The trial court had conducted extensive general and individual voir dire. This included informing the panel of the nature of the charges and asking if anything would prevent them from being
fair and impartial, as well as inquiring if they or anyone close to them had been victims of sexual assault or child abuse. The trial court also excused multiple jurors for cause who claimed an inability to be fair.
Fixed Bias vs. Credibility: The Court clarified that inquiries designed to uncover a fixed bias, such as one related to a certain category of witnesses, are not the same as instructions on general witness credibility. A fixed bias precludes an impartial determination of credibility. However, based on the lack of a foundation supporting the existence of this particular bias due to the defendant’s failure to develop the record at the trial level, the trial court did not abuse its discretion.
The Court's decision essentially provides a roadmap for future cases: a trial court is only free to refuse this line of inquiry if the party requesting it fails to present a developed, evidence-based argument for the existence of a fixed bias. Here, the defendant presented strong evidence of the bias to the Supreme Court such that the Court may well have reversed had the evidence been presented to the trial court, but because the trial court could only make a ruling based on the evidence presented at the time, the Supreme Court rejected the defendant’s challenge.
Unlawful Contact Remand: Reconsideration in Light of Strunk
The Court also addressed the defendant’s challenge to his convictions for unlawful contact with a minor (18 Pa.C.S. § 6318).
Commonwealth v. Strunk: Subsequent to the Superior Court's decision affirming in this case, the Supreme Court narrowed the scope of the unlawful contact statute in Commonwealth v. Strunk.
Strunk held that Section 6318 is an "anti-grooming statute" intended to criminalize and punish “communication designed to induce or otherwise further the sexual exploitation of children.”
The Outcome: Given the significant clarification in the law, specifically, the refinement of the sufficiency of the evidence required for convictions under Section 6318—the Supreme Court vacated the Superior Court's judgment on this issue and remanded the case for reconsideration in light of Strunk. The Superior Court will now have to apply the statute’s narrower focus on "communicative behavior” in this case on remand.
Ultimately, although the result is bad for this particular defendant, the case is good for defendants in general in that it shows that should a defendant make an adequate record, they might be entitled to ask potential jurors about whether they will always believe alleged child abuse victims. Similarly, the Court continues to hold that the unlawful contact statute is not nearly as broad as prosecutors typically claim.
Facing criminal charges? We can help.
Goldstein Mehta LLC Criminal Defense
If you are facing criminal charges or under investigation by the police, we can help. We have successfully defended thousands of clients against criminal charges in courts throughout Pennsylvania and New Jersey. We have successfully obtained full acquittals and dismissals in cases involving charges such as Conspiracy, Aggravated Assault, Rape, Violations of the Uniform Firearms Act, and First-Degree Murder. We have also won criminal appeals and PCRAs in state and federal court, including the successful direct appeal of a first-degree murder conviction and the exoneration of a client who spent 33 years in prison for a murder he did not commit. Our award-winning Philadelphia criminal defense lawyers offer a free criminal defense strategy session to any potential client. Call 267-225-2545 to speak with an experienced and understanding defense attorney today.
PA Superior Court: Trial Court Erred in Quashing Charges From Online Sting Operation Run by Private Citizen Based on Factual Impossibility
Philadelphia Criminal Defense Lawyer Zak T. Goldstein, Esquire
In Commonwealth v. Aguilar, 2025 PA Super 118, the Pennsylvania Superior Court reversed the order of the Monroe County Court of Common Pleas dismissing criminal charges against a defendant who had been caught in an online sex sting operation run by a private citizen. The Superior Court held that the trial court erred in granting the defendant’s motion to suppress because a motion to suppress was not even the correct type of motion for a defendant to bring. The Court also ruled that even if the trial court properly construe the motion as a motion to quash, the trial court erred in granting it based on factual impossibility as factual impossibility is not a defense in Pennsylvania.
Background
The defendant was targeted by a group called LC Predator Catchers. Posing as a 15-year-old boy on dating apps, a private citizen allegedly engaged in explicit conversations with the defendant. According to the affidavit of probable cause, the defendant sent sexual messages and photos, offered to be “fuck friends,” and invited the fake minor to his home. The private citizen allegedly showed up at the defendant’s house, confronted him, and then notified the Pocono Mountain Regional Police Department. Police later conducted a Mirandized interview, during which the defendant allegedly acknowledged the sexual intent of his messages.
Prosecutors charged the defendant with:
Criminal Attempt – Corruption of Minors (both as a misdemeanor and felony under 18 Pa.C.S. § 6301(a)(1)),
Criminal Use of a Communication Facility (18 Pa.C.S. § 7512(a)).
Suppression and Trial Court Proceedings
The defendant filed a pretrial “motion to suppress,” arguing that all charges should be dismissed because his communications were with an adult civilian rather than an actual minor or police officer. He relied on the text of 18 Pa.C.S. § 6318 (the Unlawful Contact with a Minor statute), which explicitly requires the involvement of a real or undercover minor. Although the defendant was not actually charged under that statute for that reason, the trial court accepted his argument and reasoned that it was factually impossible for the defendant to have committed the charged offenses.
The trial court then sua sponte treated the suppression motion as a motion to quash and dismissed the criminal information in its entirety based on this impossibility argument. In its opinion, the trial court also concluded on its own that the Commonwealth failed to present a prima case at the preliminary hearing that the defendant committed a crime. The Commonwealth appealed.
The Superior Court’s Ruling
The Pennsylvania Superior Court reversed after concluding that the trial court made a number of mistakes.
Suppression Inapplicable: Because the communications were with a private citizen, not law enforcement, there was no Fourth Amendment or Pennsylvania constitutional violation. Thus, suppression was not a proper remedy.
Improper Sua Sponte Quashal: The defendant never filed a motion to quash. Under Pennsylvania law, quashal must be specifically requested in an omnibus pretrial motion, and sua sponte dismissal is generally improper. The Court emphasized that a suppression motion cannot be repurposed into a dispositive ruling on legal guilt.
Factual Impossibility Is Not a Defense: The Superior Court reaffirmed that under Pennsylvania law, factual impossibility is not a defense to an attempt charge. So long as the defendant believed he was communicating with a minor and took a substantial step toward completing the offense, he could be charged with attempt—even if the "minor" turned out to be an adult vigilante.
No Minor Required Under Charged Statutes: The Superior Court rejected the defendant’s argument that a minor or police officer was required to establish a violation of the statutes at issue. The Corruption of Minors statute, unlike § 6318, does not require the involvement of a real or fictitious minor. Likewise, the offense of Criminal Use of a Communication Facility requires only that the facility be used to facilitate a felony or attempted felony.
Prima Facie Case Was Established: The court found that the Commonwealth had produced sufficient evidence to support each element of the offenses charged. Chat logs, photographs, the defendant’s confession, and the arrangement to meet in person all constituted a prima facie case. Because no preliminary hearing had yet been held, the trial court’s ruling on evidentiary sufficiency was premature. Therefore, the Court reversed.
Conclusion
The Superior Court reinstated all charges and remanded the case for further proceedings. It emphasized that the charges did not require the involvement of an actual or undercover minor and that the trial court overstepped its role by misapplying both suppression doctrine and the law of attempt. Accordingly, the Court effectively held that private-citizen stings—though controversial—can lead to viable prosecutions in Pennsylvania.
Facing criminal charges or appealing a criminal case in Pennsylvania?
Goldstein Mehta LLC Criminal Defense Attorneys
If you are facing criminal charges or under investigation by the police, we can help. We have successfully defended thousands of clients against criminal charges in courts throughout Pennsylvania and New Jersey. We have successfully obtained full acquittals and dismissals in cases involving charges such as Conspiracy, Aggravated Assault, Rape, Violations of the Uniform Firearms Act, and First-Degree Murder. We have also won criminal appeals and PCRAs in state and federal court, including the successful direct appeal of a first-degree murder conviction and the exoneration of a client who spent 33 years in prison for a murder he did not commit. Our award-winning Philadelphia criminal defense lawyers offer a free criminal defense strategy session to any potential client. Call 267-225-2545 to speak with an experienced and understanding defense attorney today.
PA Superior Court: Confessions Made to Police Officers at Church Do Not Qualify for Clergy-Penitent Privilege
The Pennsylvania Superior Court has decided the case of Commonwealth v. Ross, holding that the trial court properly denied the defendant’s motion to suppress a confession made to a police officer because the clergy-penitent privilege did not apply even though the defendant knew the officer from church.
The Facts of Ross
The defendant was convicted of rape, unlawful contact with a minor, endangering the welfare of children, corruption of minors, indecent assault, and incest following a 2020 jury trial in the Philadelphia Court of Common Pleas. The case stemmed from an incident that took place on August 13, 2014. The defendant allegedly entered the bedroom of his 15-year-old foster daughter and sexually assaulted her. The defendant’s adult daughter saw him leaving the complainant’s room and alerted the defendant’s wife. She immediately called the police and kicked him out of the house.
After being expelled from the home, the defendant sought guidance from his pastor. His pastor was a longtime friend and fellow minister. After the defendant told the pastor that he fondled the complainant, the pastor then contacted a Philadelphia Police Officer who was also a pastor and co-host of a religious radio show and asked the officer to meet with the defendant at their church. The officer went to the church, and the defendant admitted to fondling the complainant to the officer. The officer then drove the defendant to the Special Victims Unit (SVU) to turn himself in.
The defendant was arrested and subsequently charged with multiple sexual offenses. He moved to suppress the statement to his pastor as well as the statement to the officer. The trial court excluded the statement which was made to the pastor under the clergy-penitent privilege, but it denied the motion with respect to the officer. The court found that the officer was acting as an officer and not as a pastor, and so the defendant was not entitled to the clergy-penitent privilege.
The defendant proceeded by way of jury trial, and the jury convicted him. The trial court sentenced him to 27.5 - 55 years’ incarceration and required him to register as a sex offender for life under SORNA. The defendant appealed to the Pennsylvania Superior Court.
The Superior Court Appeal
The defendant appealed his conviction, arguing that:
His statements to the police officer should have been suppressed because he made them while he was in custody and he had not received his Miranda warnings.
His confession to the officer should have been excluded under the clergy privilege because the officer was off-duty and present in the church in a religious capacity rather than acting as a police officer.
The Superior Court’s Ruling
The Superior Court rejected both claims and affirmed the conviction.
Miranda Violation Claim Denied: The Superior Court found that the defendant was not in custody when he made his statements to the officer. His meeting with the officer was voluntary, and he agreed to turn himself in. The officer was off-duty and never arrested the defendant. Instead, the pastor called the officer, and the defendant agreed to speak with him at the church. The police do not have to give Miranda warnings to someone who is not in custody because Miranda only applies to custodial interrogations. The defendant was not in custody at the church when he made the statement to the officer, so the officer did not have to provide Miranda warnings in order for the statement to be admissible at trial. The Court also noted that although the defendant filed a motion to suppress based on the lack of Miranda warnings, his attorney did not really pursue that claim at the motions hearing.
Clergy Privilege Claim Rejected: The Court agreed that the defendant’s initial conversation with his pastor was privileged, but it ruled that the privilege did not extend to statements made in the presence of the officer. The Court found that the defendant viewed the officer as a trusted police officer or friend, not a spiritual advisor, and sought his assistance in surrendering to authorities. The Court reached this conclusion even though the officer was also a pastor. It concluded that the officer was not acting as the defendant’s pastor as the time but instead there to help him turn himself in.
The clergy-penitent privilege is codified under Pennsylvania law. It provides:
23 Pa.C.S. § 5943. Confidential communications to clergymen.
No clergyman, priest, rabbi or minister of the gospel of any regularly established church or religious organization, except clergymen or ministers, who are self-ordained or who are members of religious organizations in which members other than the leader thereof are deemed clergymen or ministers, who while in the course of his duties has acquired information from any person secretly and in confidence shall be compelled, or allowed without consent of such person, to disclose that information in any legal proceeding, trial or investigation before any government unit.
The problem for the defendant here is that both the trial court and Superior Court found that the officer was not acting in his course of duties as a pastor at the time of the confession. Therefore, the privilege did not apply.
The Takeaway
Ultimately, the result here is not particularly surprising. Non-custodial, voluntary confessions to police officers are typically going to be admissible in court even if the police officer knows the defendant from church. This case, however, highlights that Miranda rights only apply to custodial interrogations. If the defendant is not in custody and interrogated, then they are not entitled to Miranda warnings. Further, the remedy for a Miranda violation is the suppression of the statement; it is not necessarily the dismissal of the case. Additionally, privileges are important, but they only apply in limited circumstances. The clergy-penitent privilege does not apply unless the person is acting within the scope of their religious duties, and here, the officer was obviously a police officer rather than the defendant’s pastor. The privilege also does not apply when a third party is present. Therefore, the Superior Court denied the appeal.
Criminal Defense Lawyer Zak T. Goldstein, Esquire
Facing criminal charges or appealing a criminal case in state or federal court in Pennsylvania? We can help.
If you are facing criminal charges or under investigation by the police, we can help. We have successfully defended thousands of clients against criminal charges in courts throughout Pennsylvania and New Jersey. We have successfully obtained full acquittals in cases involving charges such as Conspiracy, Aggravated Assault, Rape, and Murder. We have also won criminal appeals and PCRAs in state and federal court, including the exoneration of a client who spent 33 years in prison for a murder he did not commit. Our award-winning Philadelphia criminal defense lawyers offer a free criminal defense strategy session to any potential client. Call 267-225-2545 to speak with an experienced and understanding defense attorney today.