Philadelphia Criminal Defense Blog
PA Superior Court Reverses Order Granting Motion to Suppress For Lack of Specificity in Grounds
What is a Motion to Suppress?
The Motion to Suppress is one of the first lines of defense in any case in which the defendant is charged with possessing some kind of contraband. For a defendant who is charged with the possession of guns or drugs, it may be possible to have the evidence excluded from trial and the charges dismissed if the defendant was subject to an illegal search or seizure. In cases where the prosecution is unable to show that police or other law enforcement officers found the evidence in a manner that complies with the requirements of the United Sates and Pennsylvania Constitutions, the evidence could be suppressed by filing a Motion to Suppress. However, Pennsylvania appellate courts have increasingly required defendants to be very specific when asserting the grounds for the Motion to Suppress in the trial court.
Commonwealth v. Banks
In the case of Commonwealth v. Banks, the Superior Court has reversed an order suppressing a firearm and K2 (synthetic marijuana) whichallegedly belonged to the defendant. The Court concluded that although the trial court found that a constitutional violation had occurred, the defendant’s attorney failed to specifically allege that particular constitutional violation either in his written Motion to Suppress or oral statement of the grounds for the Motion which was made prior to the hearing. Accordingly, the Court found that the Commonwealth did not have a fair opportunity to respond to the alleged constitutional violation, and therefore the suppression order should be reversed.
Banks involved a parole search by Pennsylvania State Parole Agents. According to the agents involved, the Parole Board received an anonymous tip that Banks was violating his parole. Based on the tip, two agents went to Banks’ house and knocked on the door. When Banks emerged from the house, the parole agents questioned him on the front porch. They did not see any contraband in the house when the door was open, and they did not enter the house until after they spoke with Banks. Of course, when the agents asked whether Banks had anything in his house which would violate his parole, Banks freely told them that he had a gun and some synthetic marijuana in the house. Following Banks admissions, the agents entered the house and found the contraband. They then called the police. The police obtained a search warrant and recovered the items.
Standards for Probation Searches and Parole Searches
In Pennsylvania, probation officers and parole agents may conduct two types of searches. They may always make routine home visits in order to check on the probationer or parolee and look for any obvious parole violations. Home visits are limited to a plain-view inspection of a residence. Additionally, if they have reasonable suspicion of a parole violation, then parole agents may conduct a full search of the parolee’s residence. In general, anonymous tips do not provide reasonable suspicion because there is no basis for believing them to be trustworthy. Therefore, Banks’ attorneys filed a Motion to Suppress alleging that the firearm and K2 should be suppressed because the parole agents conducted a home search without reasonable suspicion. They further argued that the search was not part of a routine home visit because the agents went out to the house specifically to investigate the anonymous tip.
The trial court disagreed with Banks’ lawyers in part. The court found that the agents violated Banks’ rights, but for different reasons than those alleged in the Motion to Suppress. It found that the agents did not conduct a home search until after Banks confessed to having a gun and synthetic marijuana, and once Banks confessed, the officers clearly had reasonable suspicion to enter the house. However, the court found that the officers conducted the equivalent of a “Terry” stop on Banks by ordering him to come out of the house and submit to their questions. Therefore, the officers were required to have reasonable suspicion for the stop. Because the stop was based entirely on an anonymous tip, the officers did not have reasonable suspicion, and the contraband that they found was the fruit of the poisonous tree and should be suppressed.
Specificity in Motions to Suppress
On appeal, the Superior Court reversed. The Superior Court found that Banks’ lawyers had failed to comply with Rule 581(D) of the Pennsylvania Rules of Criminal Procedure. Under the rules, the defense must “state specifically and with particularity the evidence sought to be suppressed, the grounds for suppression, and the facts and events in support thereof.” In their written motion and subsequent oral grounds, the lawyers mentioned only the suspicion-less search of the residence. They never made any allegation that the interrogation on the porch was conducted without the requisite level of reasonable suspicion. Therefore, the Superior Court held that the Commonwealth was not properly on notice of the grounds for the motion and did not have a fair opportunity to respond. The Court reversed the granting of the motion and remanded the case for trial. It is unclear whether Banks will be able to amend the grounds and re-litigate the motion in the trial court. However, his lawyers will almost certainly try.
Banks is highly illustrative of the fact that the Superior Court is not currently very sympathetic to criminal defendants. The case also shows the importance of litigating in the trial court with a careful focus on the Rules of Criminal Procedure and an eye on making sure that the defendant’s rights are protected in the event of an appeal by either side. If an appellate court can avoid a difficult issue such as whether a gun was properly suppressed by finding waiver on the part of the defense, an appellate court will often do so. Judges do not want to suppress guns, and they will look for ways to avoid doing so. Therefore, it is important to make sure that all possible grounds for a motion to suppress are covered both in the written motion and orally prior to trial. It is also critically important to take all possible steps to protect the record for appeal, which means making appropriate objections and motions so that they are not waived in the event the defendant is convicted at trial.
Award-Winning Philadelphia Criminal Lawyers
Criminal Defense Lawyers Demetra Mehta and Zak Goldstein
If you are facing criminal charges, we can help. Our Philadelphia criminal defense lawyers have successfully represented thousands of clients in both trial and post-trial proceedings. We have won motions to suppress guns, drugs, and other contraband. We will do everything we can to fight for you and obtain the best possible result at trial or on appeal. Call 267-225-2545 for a free criminal defense strategy session today.
How does bail work? What is a Preliminary Arraignment?
I just got arrested. How does bail work?
Most criminal cases begin with an arrest. Occasionally, in the suburban counties, they may begin with a summons to appear before the Magisterial District Justice. The first court hearing in a criminal case is called the preliminary arraignment. The preliminary arraignment is a hearing in which the magistrate or bail commissioner informs the defendant of the charges and sets bail.
Preliminary Arraignment
Following an arrest, the police will process the defendant and schedule the preliminary arraignment at which bail will be set. The amount of time between arrest and preliminary arraignment can vary depending on the location of the arrest. In Philadelphia, it typically takes between 12-24 hours before the defendant will be brought before the bail commissioner by video for preliminary arraignment. In the suburban counties, the police will typically take the defendant to preliminary arraignment before a Magisterial District Justice much more quickly if the District Justice’s office is open. If the office is closed, the defendant could have to wait at the county prison until the next business day.
The Affidavit of Probable Cause
The preliminary arraignment is the first court hearing in a criminal case. At the preliminary arraignment, the magistrate will inform the defendant of the charges against him or her, determine if the defendant needs a public defender or intends to retain a private lawyer, set bail, and schedule the case for a preliminary hearing. The court will also usually provide private defense counsel or the public defender with a copy of the Affidavit of Probable Cause. The Affidavit of Probable Cause usually contains a summary of the case against the defendant. If the accused turned themselves in after learning of an arrest warrant, it is often possible for the accused to retain a criminal defense attorney and have the lawyer present for the preliminary arraignment to argue for lower or unsecured bail.
Pennsylvania Uses a Cash Bail System
For the accused, the most important part of this hearing is usually the setting of bail. Pennsylvania operates on a cash bail system. The idea behind cash bail is that if the defendant or the defendant’s family must post some sort of collateral in exchange for release, it makes it more likely that the defendant will return to court to face the charges. Unfortunately, this has the practical effect of ensuring that the ability to obtain pre-trial release depends primarily on how wealthy the defendant is. Wealthy defendants may be able to make bail on extremely serious charges, while poor or indigent defendants may spend months or years in jail awaiting trial on low-level drug charges because they cannot post bail.
When the magistrate sets bail, the magistrate will typically evaluate the seriousness of the offense charged and the likelihood that the defendant will show up for court. Serious charges, especially charges involving firearms and violent crimes, are more likely to result in a higher bail. Likewise, a defendant with a history of failing to appear for court or with a number of serious criminal convictions is more likely to receive a higher bail.
How A Philadelphia Criminal Defense Attorney Can Help
It is extremely important that you speak with an attorney before you turn yourself in. The presence of a criminal defense lawyer at the preliminary arraignment can often result in much lower bail because the defense attorney is likely to have more information about the defendant’s background which could help in convincing the magistrate to set a low bail amount. Further, the fact that the defendant has retained an attorney may suggest to the court that the defendant does not intend to flee the jurisdiction. Instead, the defendant has retained a defense lawyer and is prepared to defend against the charges.
How much of the bail do I have to pay to get out?
In most cases, the defendant must post 10% of the bail amount and a small administrative fee in order to be released. Due to recent changes in the law, bail bondsmen are now allowed to operate in Philadelphia. However, they are required to post high collateral amounts with the courts, and so only a handful of bail bondsmen have begun operating in the city. Most of the time, the defendant’s friends or family pay 10% of the bail amount directly to the court in exchange for the defendant’s release. A bail bondsman operates by taking less than 10% in exchange for posting the bail bond, but the bail bondsman does not return the money at the end of the case. If the defendant cannot make bail or has any open warrants or probation detainers, then the defendant will remain in custody at the county prison until the case is over or the bail is reduced and the defendant is able to pay. Our criminal defense lawyers regularly handle motions to reduce bail and are often able to have the initial bail substantially reduced upon review by a higher ranking judge.
Will I get the bail money back?
In Philadelphia, the surety will receive most of the money back thirty days from the date on which the case is finished. When the case is over, the surety (the person who posted the bail) will receive at least 70% of the posted money back. The city will keep 30% of the amount paid or $1,500, whichever amount is less. This means that the city will not keep more than $1,500 even if the bail was very high. In the suburban counties, it is more common to use a bail bondsman, and each bail bondsman may charge a different rate. The counties also vary in the percentage of bail that they keep in cases in which the defendant posts bail directly to the court without the use of a bail bondsman. Once bail has been paid, the defendant will be released pending trial with a subpoena to appear for the next court date, which will typically be a preliminary hearing.
What if I cannot make bail? WHAT IS A BAIL MOTION?
If you cannot make the bail set by the magistrate at preliminary arraignment, then it may be possible to have the bail reduced by filing a bail motion. Each preliminary hearing listing provides an opportunity to make a bail motion asking the magistrate or Municipal Court judge to reduce the defendant's bail. If the magistrate or Municipal Court judge refuse to reduce bail, it may be possible to file a written bail motion in the Court of Common Pleas and have the bail decision reviewed by a higher ranking judge. Additionally, once the defendant has been held for six months without a trial, the Rules of Criminal Procedure provide that bail should be reduced to nominal bail, meaning the defendant ordinarily should be released. There are, of course, exceptions to this rule, and in some cases, the judge may impose a house arrest condition. Additionally, if the delay in bringing the defendant to trial is due to defense continuance requests, then the time will not count towards the six month limit.
We Can Help With Bail Hearings, BAIL MOTIONS, and Preliminary Arraignments
The initial bail hearing is one of the most important hearings in any criminal case. If bail is set at an amount that the defendant cannot afford, then the defendant will be remanded to custody pending the resolution of charges. Defendants who are in custody while awaiting trial are at a significant disadvantage because it is more difficult to meet with attorneys, locate witnesses, and prepare for trial. Likewise, the defendant could lose his or her job while in prison. Therefore, if you learn that you are wanted for criminal charges or receive a summons from a detective, it is critical that you retain a criminal defense lawyer prior to turning yourself in and having bail set. Call 267-225-2545 to speak with one of our Philadelphia criminal lawyers today.
Contact A Philadelphia Criminal Defense Attorney Today
I just found out I'm facing charges - now what?
If you know that there is a warrant for your arrest or you are scheduled for a preliminary hearing, don't delay. Call us at 267-225-2545 immediately for a free criminal defense strategy session.
There are a number of ways that you may find out that you are facing criminal charges. In some cases, a detective may call you and ask you to turn yourself in. In others, the police or warrant unit may come looking for you at your home when you aren't there. Sometimes, you may be pulled over and arrested on a warrant as part of a traffic stop.
Regardless of how you find out, you need to know what is coming next. If you haven't been arrested yet but know you are facing a warrant, you need to turn yourself in. An experienced and respected attorney can negotiate a turn-in date with the assigned detective so that you have time to get your affairs in order and arrange for funds with which to make bail. An attorney can also make sure that the police do not try to question you to obtain incriminating statements.
After you turn yourself in, you will have a preliminary arraignment, and a magistrate or commissioner will set your initial bail. You will then be scheduled for a preliminary hearing or probable cause hearing. A preliminary hearing is your first chance to challenge the charges against you. At the preliminary hearing, the prosecutor or police have to show that it is more likely than not that a crime was committed that you did it. An aggressive criminal defense attorney may be able to knock out some or all of the charges at the preliminary hearing. Even if the charges cannot be dismissed at the preliminary hearing, the hearing can be used as discovery to advance any potential motions to suppress and other defenses that you may have at a later stage.
If you know that there is a warrant for your arrest or you are scheduled for a preliminary hearing, don't delay. Contact the Philadelphia criminal defense attorneys of Goldstein Mehta LLC at 267-225-2545 immediately for a free consultation about your case.
