What Happens at a Motion to Suppress Hearing in a Gun Case?

Philadelphia Criminal Defense Lawyer Zak T. Goldstein, Esquire

If you're facing a gun charge in Philadelphia, one of the most important tools your defense attorney may use in fighting your case is a motion to suppress. But what is a suppression hearing, and how can it help you beat the case?

In many gun prosecutions, the Commonwealth’s entire case rests on the existence of the firearm itself. Without evidence that the police recovered a firearm, the prosecution would be completely unable to proceed with the case. If your defense lawyer can show that the police violated your constitutional rights under the state or federal constitutions when they found and/or recovered the gun, the judge may rule the evidence inadmissible. In many cases, that leaves the Commonwealth with no choice but to drop the charges because they cannot proceed without the ability to introduce evidence that the police found a gun.

Here’s what you can expect at a suppression hearing and why it’s such a critical step in fighting a gun case.

1. What Is a Motion to Suppress?
A motion to suppress is a formal request asking the trial judge to exclude evidence. Most motions to suppress allege that law enforcement obtained the evidence in violation of the Fourth Amendment to the United States Constitution and Article I, Section 8 of the Pennsylvania Constitution. Both provisions protect against unreasonable searches and seizures, and the Pennsylvania Constitution provides even stronger protections than the United States Constitution.

In gun cases, a motion to suppress typically targets:
- The stop or detention by police
- The search of your person, vehicle, or home
- Statements or physical evidence (like a firearm) obtained illegally

If the stop or search was unconstitutional, the gun may be suppressed. This will typically defeat the government’s case.

2. What Happens During the Suppression Hearing?
A suppression hearing is a pretrial proceeding held in front of the judge. The judge will make findings of fact and issue conclusions of law. It takes place before trial, and there will not be a jury even in a case for which the defendant has decided to have a jury trial. Here's what to expect:

a. The Commonwealth Presents Evidence
- The police officers who conducted the stop or search will usually testify about what happened.
- The DA may introduce body cam footage, radio calls, or police paperwork to try to justify the search or further explain what happened.

b. Your Lawyer Cross-Examines the Officers
- A skilled defense attorney will probe inconsistencies, challenge the officer’s observations, and expose any unlawful police conduct through cross-examination. Your lawyer may also call defense witnesses to testify or present evidence for the defense.

c. Legal Argument
- After the Court hears the testimony, both sides will usually argue whether the search or stop complied with the law. Some judges may ask for written briefs and hold the matter under advisement so that the Court has time to think about it and conduct its own research if necessary.

3. Common Suppression Issues in Gun Cases
Gun charges in Philadelphia often involve questionable stops, detentions, frisks, and searches of motor vehicles. Some of the most common suppression issues include:
- Unlawful car stops without a real traffic violation (for example, false allegations of window tint or reckless driving)
- Pre-textual stops based only on location (e.g., “high crime area”)
- Frisks without reasonable suspicion of a weapon - this is particularly common in cases involving warrantless searches of cars
- Searches based on nervousness, avoiding contact with the police, or presence in a group (again usually in a “high crime area”)

4. What Happens If the Judge Suppresses the Gun?
If the judge grants the motion to suppress:
- The gun is excluded from evidence
- The DA usually cannot proceed without it
- Charges are often withdrawn or dismissed

5. Do I Need to Testify at the Hearing?
Usually, you would not have to testify at a suppression hearing. In most cases, the hearing is focused on police conduct, and your lawyer can make the necessary arguments based on the officers’ testimony and any available evidence. There are some cases where it may be necessary for the defendant to testify. In some cases, the defendant may need to establish that they had a reasonable expectation of privacy in the area searched. Or, the officer may not have been wearing a body cam, so the facts may be in dispute.

6. The Right Lawyer Can Win Your Gun Case Before Trial
Suppression hearings are one of the best opportunities to win a gun case before it ever goes to trial. At Goldstein Mehta LLC, we’ve litigated hundreds of suppression motions in state and federal court. We have won many cases by proving that police crossed the line.

Facing criminal charges or appealing a criminal case in Pennsylvania?

Goldstein Mehta LLC Criminal Defense Lawyers

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.