PA Superior Court: Warrantless Search of Car Requires Suppression of Gun in Illegal Firearm Possession Case
Commonwealth v. Camacho
Philadelphia Criminal Defense Lawyer Zak T. Goldstein, Esquire
The Pennsylvania Superior Court recently decided the case of Commonwealth v. Camacho, reversing the trial court’s order denying the defendant's motion to suppress an illegal gun which was found in his car during a warrantless search of the car. The case illustrates the strict requirements police must follow in order to conduct a warrantless search of a car in Pennsylvania following the Supreme Court’s decision in Commonwealth v. Alexander.
The Facts of Camacho
On October 9, 2020, Pennsylvania State Police Troopers pulled over the defendant, Camacho, after observing him driving erratically in nearby Bucks County. Camacho pulled over on command. After the police stopped the car and approached it, the troopers noticed the smell of alcohol and marijuana. The defendant admitted he did not have a driver’s license. The troopers conducted a frisk of the defendant and found marijuana. The troopers also noticed an empty gun holster strapped to the defendant’s ankle. Naturally, they asked Camacho if he had a gun on him. He denied it. Despite Camacho's denial of having a firearm, the officers forcibly detained him after he briefly resisted. They forced him to the ground and handcuffed him.
With Camacho handcuffed and secured, the officers searched his vehicle without a warrant and found a loaded firearm under the driver's seat. The police formally arrested the defendant, and prosecutors charged him with:
Persons Not to Possess Firearms (VUFA § 6105)
Firearms Not to Be Carried Without a License (VUFA § 6106)
Resisting Arrest or Other Law Enforcement
Simple Assault
Recklessly Endangering Another Person
Possession of a Small Amount of Marijuana for Personal Use
Use or Possession of Drug Paraphernalia
Various Traffic Offenses
The Suppression Hearing and Trial
Prior to trial, the defendant moved to suppress the firearm, arguing that the warrantless search of his car violated his rights under the Pennsylvania Constitution. Federal law does not require the police to get a search warrant prior to searching a car, but the Pennsylvania Supreme Court has held that law enforcement officers must obtain a search warrant prior to searching a car unless an exception applies. In this case, the defendant argued that there were no “exigent circumstances” to justify the search because he and his passenger were restrained and in handcuffs at the time of the search.
The trial court denied the motion, agreeing with the Commonwealth that the presence of the empty holster and Camacho's earlier resistance justified the search. Camacho was convicted and sentenced to 4½ to 10 years in prison followed by a period of probation.
Superior Court Appeal
The defendant appealed to the Pennsylvania Superior Court. On appeal, Camacho argued that the police did not have any exigent circumstances to justify the warrantless search of his car. The Pennsylvania Superior Court agreed and reversed the denial of the motion to suppress.
The Superior Court emphasized that under Pennsylvania law, a warrantless search of a vehicle is only permissible when both probable cause and exigent circumstances exist. In this case, while the officers had probable cause to suspect criminal activity, the Court found that the Commonwealth failed to show exigent circumstances to justify the failure to get a warrant.
The Superior Court's Reasoning:
At the time of the search, Camacho was handcuffed, lying on the ground, and surrounded by multiple officers.
His passenger, Ms. Clark, was also handcuffed and secured in the police vehicle.
The car was parked on the side of a wide shoulder, away from traffic, and posed no immediate threat to the public or officers.
The Court determined that, with both Camacho and his passenger fully restrained, there was no risk that either one of them could access the vehicle or destroy evidence.
Additionally, the Court noted that there were at least six officers present at the scene, and they had discussed towing the vehicle. This indicated that they had sufficient time and personnel to secure the car and obtain a warrant.
Based on these factors, the Superior Court found that the situation no longer posed an immediate danger to officer safety or a threat of evidence destruction, meaning there were no exigent circumstances justifying a warrantless search. As a result, the Court reversed the trial court’s ruling, vacated Camacho’s conviction, and remanded the case for further proceedings. The Commonwealth will likely be unable to proceed with the case on remand.
The Takeaway
The Camacho case highlights the importance of challenging unlawful searches and seizures when the police search a car without a warrant. Even when the police believe they have probable cause, they must still obtain a search warrant or demonstrate that exigent circumstances justify an exception. This decision reinforces that without a valid justification, evidence obtained through warrantless searches should be suppressed.
Facing criminal charges or appealing a criminal case in Pennsylvania?
Criminal Defense 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. Call 267-225-2545 to speak with an experienced and understanding defense attorney today.
