Can the Police Search My Car?

Can the Police Search Your Car? 

If the police searched your car and uncovered illegal contraband in Pennsylvania or New Jersey, you should speak with one of our Philadelphia criminal lawyers today. Our defense attorneys have won many motions to suppress and constructive possession trials in cases involving guns, drugs, and other illegally seized evidence. We will fight for your constitutional rights and to ensure that illegally seized items are not introduced into evidence against you. Call 267-225-2545 for a complimentary criminal defense strategy session with one of our top-rated Philadelphia criminal defense lawyers.

Do Police Need a Search Warrant to Search a Car? 

The legality of car searches by the police is frequently at issue in cases involving possessory offenses such as firearms cases and drug possession cases. In general, if the police conduct an illegal search or seizure, then the evidence obtained as a result of the illegal conduct could be suppressed. In many cases, the suppression of the critical evidence could lead to the dismissal of charges. However, the police typically have more authority for when they can search your car than for when they can search a house.

The general rule under the United States and Pennsylvania Constitutions is that law enforcement officers need a search warrant to conduct a search. However, the courts have created so many exceptions to this general rule that the rule essentially only applies to searches of houses or other types of residences and more recently, cell phones. Unsurprisingly, there are a number of exceptions which could permit a police search of a vehicle without a search warrant depending on the facts of the case.

Consent to Search the Vehicle

First, the police can always conduct a search when they have the consent of the owner or operator of the vehicle. If the police pull over a vehicle for a traffic infraction and are suspicious of the driver for some reason, they can always ask the driver for permission to search the car. If the driver gives them permission, then they may search the car and can use anything that they find as evidence in court. The only challenges which could be brought via a Motion to Suppress in this instance would be to the legality of the initial stop and whether the driver actually gave consent or whether the consent was fabricated or coerced.

Therefore, our advice is that you should not give permission or consent should the police ask if they can search your car. However, if the police decide to conduct a search anyway, you should not attempt to resist. Instead, it is best to remain calm while they conduct the search and speak with an attorney about your legal options once the encounter has ended.

Police Usually Need Probable Cause to Conduct a Car Search

Second, courts have developed an “automobile exception” to the warrant requirement. Under the United States Constitution, police officers and federal agents typically do not need a warrant to conduct a search of a vehicle. Instead, because of the inherent mobility of an automobile, they may search the vehicle if they have probable cause to do so. Probable cause means that it is more likely than not that the police will find contraband or some evidence of a crime. Thus, if police have probable cause, they do not have to obtain a warrant or consent prior to conduct a search.

An example would be a situation in which police pull a suspect over for swerving and upon approach, the officers believe the driver to be under the influence of alcohol. While questioning the driver, one of the officers smells alcohol coming from inside the actual vehicle. In that case, a prosecutor would argue that police have probable cause to enter the vehicle and determine the source of the odor because it was more likely than not that police might find spilled alcohol or a beer can which would be evidence in the subsequent DUI case against the driver.

Until recently, Pennsylvania took a more limited approach to the automobile exception. Previously, in order to evade the warrant requirement, prosecutors were required to show both that the police had probable cause to search a vehicle and that some sort of exigent circumstances applied, meaning that evidence could be lost should the police be required to obtain a warrant. However, in Commonwealth v. Gary, the Pennsylvania Supreme Court abolished the exigent circumstances requirement and adopted the federal automobile exception, meaning that police can now search a vehicle whenever they have probable cause to do so.

Although Gary is the law today, the Pennsylvania Supreme Court recently agreed to review whether Gary is correctly decided or whether law enforcement officers should have to obtain a search warrant prior to searching a car absent exigent or unusual circumstances. Therefore, it is possible that the current court could reinstate the rule that police must obtain a warrant prior to searching a car if they want the evidence to be admissible in Pennsylvania state court.

Other Exceptions Which Allow Law Enforcement to Search a Car

Third, there are a number of other potential scenarios in which the police can search a car without a warrant. For example, if the police end up arresting the driver of the car, then there are some circumstances in which the police may conduct a search of the car as a “search incident to arrest.” However, in Arizona v. Gant, the United States Supreme Court held that police may only conduct this type of search incident to arrest of a car when the police reasonably believe that they are likely to find evidence of the offense of arrest. This means that officers cannot automatically search a car as a search incident to an arrest for a suspended registration or suspended driver’s license. Instead, police must have some reason to believe they are going to find more evidence of the crime for which they arrested the driver in the vehicle.

Additionally, the police may, in some occasions, conduct an inventory search of a car if they are required to tow it after arresting or citing the driver. However, recent case law has substantially limited the authority of the police to conduct an inventory search of a car (commonly called a LIVESTOP in Philadelphia), and some of these inventory searches are now subject to challenge with a motion to suppress.

Police Can Sometimes Frisk A Car

Finally, police may also conduct a limited search of a vehicle if they have reasonable suspicion that the driver or passenger was engaged in criminal activity and that he or she was armed an dangerous. In that situation, the Terry doctrine allows them to conduct a “frisk” of the areas which were accessible to the driver to ensure that the driver will not have access to weapons if he or she is allowed to return to the vehicle. Of course, if the police find contraband or are able to see contraband while conducting the frisk, then they may enter the vehicle to retrieve the contraband and use it as evidence in a criminal prosecution under the plain view or plain feel doctrines.

There are other exceptions to these general rules and other issues which frequently come up such as K9 searches and the duration of time during which the police may detain a vehicle an conduct an investigation pursuant to a traffic stop. However, those issues will be the subject of future articles.

How A Philadelphia Criminal Lawyer Can Help

Clearly, there are a lot of exceptions which allow the police to search a car without a warrant, and we are likely at a point where the exceptions have begun to swallow the rule. This means that the answer to the question, “Can the police search my car?” is unfortunately that it depends on the circumstances. It is clear that police are not required to obtain a search warrant to search a car during a traffic stop. Instead, they are typically going to be required to make some sort of showing of either probable cause or reasonable suspicion in order to justify a search, and these searches are often subject to challenge with a motion to suppress.

If it can be shown that the initial stop was illegal, or that the police did not have actual reason to believe that they would find contraband in the car, it may be possible to have the evidence suppressed and excluded at trial. Likewise, if the police claim that the defendant consented to the search but the defendant and witnesses in the car disagree, it may be possible to prove that the consent was fabricated or coerced. Each case is different, and despite the elimination of the warrant requirement for vehicle searches, there are still real limits on the ability of the police to search a car. The bottom line is that illegally seized evidence usually cannot be used against you in court, and in many cases, it remains possible to challenge the warrantless search of an automobile. 

If the police searched your car and found something illegal in Pennsylvania or New jersey, you need the services of one of our Philadelphia criminal defense lawyers. We have won countless motions to suppress and trials on gun and drug charges. We will fight to protect your rights and make sure that illegally seized evidence is not used against you. Call 267-225-2545 for a complimentary criminal defense strategy session with one of our top-rated Philadelphia criminal defense lawyers.

How can I find out if I have an arrest warrant in Pennsylvania?

Philadelphia Criminal Defense Lawyer Zak Goldstein

We frequently hear from people who are trying to figure out if they currently have an active warrant for their arrest. This is because the police do not always tell you if you have an arrest warrant pending or even attempt to execute a warrant once they have obtained one. It is also possible that prosecutors could have filed charges in a jurisdiction in which you do not live or that mail notifying you of pending charges could have been sent to an old address and that you may not have received it. Fortunately, there are a number of ways to find out if you have a warrant for your arrest.

1) A Criminal Defense Lawyer Can Help You Find Out If You Have An Arrest Warrant

The best way to find out if you have a warrant for your arrest is to contact a local criminal defense lawyer in the jurisdiction where you may have a warrant. A defense attorney will typically be able to contact the local police or prosecutors and/or check the court dockets to find out if you may have charges pending. Additionally, if it turns out that you do have charges pending, you can then retain an attorney to help you turn yourself in and resolve the warrant. There are significant benefits to retaining an attorney before you turn yourself in. For example, if you retain a criminal defense lawyer prior to turning yourself in, the police will not be a able to attempt to question you and obtain a confession, you may be processed more quickly, and your bail will likely be lower as your attorney will be able to represent you for a preliminary arraignment. In addition, the defense attorney can start investigating your case right away, work with you on building a defense, and give you advice on what to expect from the criminal justice process before you turn yourself in. It also helps you avoid the police showing up to your house or work without notice.

2) You Can Find Out If You Have A Warrant At The Police Station

You can also find out if you have an arrest warrant by going to the police station, providing the officers with identification, and asking them to run you for warrants. This is probably the worst way to to find out if you have a warrant because if it turns out that you have one, the police will almost definitely take you into custody. They may try to question you, they will definitely search you, and you will likely not have the benefit of an attorney for preliminary arraignment. Therefore, it is a much better idea to speak with a defense attorney prior to turning yourself in if you are concerned that you could have a warrant pending.

3) Some Arrest Warrants Show Up Online in Pennsylvania

In Philadelphia, new arrest warrants for state court charges do not show up online. Federal warrants also typically do not show up on the federal PACER court docket system until the defendant has actually been arrested. Outside of Philadelphia, however, many warrants will show up on the court dockets as a docket will be created and listed as an “inactive” case when the charges are filed by the assigned detective. You can search for your name on the Pennsylvania Court Website here under Magisterial District Courts and see if you have a warrant. Although the dockets may be able to give you some information, not all warrants show up on the dockets, they never show up for new Philadelphia cases, and the information is not always easy to understand. They will also not tell you about federal cases or sealed arrest warrants. Finally, active bench warrants will usually show up on court dockets even for Philadelphia cases as the docket will have an entry for the hearing at which the bench warrant was issued and the case will typically be listed as inactive. Therefore, the court dockets are not a bad place to start, but just because your name does not show up does not necessarily mean there is no warrant. If your name shows up on the dockets or you are still concerned that there could be a warrant, you should speak with a defense attorney.

4) Warrants May Show Up On a Private Background Check

In some cases, a pending arrest warrant may also show up on a private background check. However, background checks are often expensive and not always reliable, so this is typically not the best way to find out if you need to retain a defense attorney and turn yourself in. In general, if you are concerned that the police are looking for you, your best bet is to call a criminal defense attorney today.

Facing criminal charges? We can help.

If you are under investigation or facing criminal charges, we can help. We may also be able to help you determine if you have a pending arrest warrant. Our award-winning Philadelphia criminal defense lawyers have successfully defended thousands of clients who were facing charges including DUI, Murder, Aggravated Assault, Possession with the Intent to Deliver, and Violations of the Uniform Firearms Code. We offer a free 15-minute criminal defense strategy session. Call 267-225-2545 to speak with an award-winning defense attorney today.

If Police Get a Search Warrant, You Have to Submit to a Blood Draw

Philadelphia Criminal Defense Lawyer

The Superior Court has decided the case of Commonwealth v. Palchanes, holding that the trial court properly convicted the defendant of obstructing the administration of law or other governmental function. In this case, police obtained a valid search warrant for the defendant’s blood due to a suspected case of DUI, the defendant refused to submit to the blood draw, and the police then charged him with a violation of 18 Pa.C.S. Section 5101. This case makes it clear that the failure to comply with a valid search warrant can be punished criminally.

The Facts of Palchanes

The defendant was pulled over by Hellertown Police for speeding. The investigating officer ultimately concluded that the defendant was likely under the influence of alcohol. The officer placed him under arrest and transported him to the county’s DUI processing center. The defendant refused to submit to a warrantless blood draw, so the officers applied for and obtained a search warrant for the defendant’s blood. Even after officers presented the defendant with the search warrant, the defendant continued to resist the blood draw. Prosecutors eventually filed charges against the defendant for obstructing the administration of law or other governmental function and tampering with evidence. The Commonwealth subsequently withdrew the tampering charge. A jury found the defendant guilty of obstruction and not guilty of DUI, and the defendant appealed.

The Superior Court Appeal

The defendant appealed to the Pennsylvania Superior Court. On appeal, he argued only that the evidence was insufficient to support his conviction for obstruction. Per the crimes code:

A person commits a misdemeanor of the second degree if he intentionally obstructs, impairs or perverts the administration of law or other governmental function by force, violence, physical interference or obstacle, breach of official duty, or any other unlawful act, except that this section does not apply to flight by a person charged with crime, refusal to submit to arrest, failure to perform a legal duty other than an official duty, or any other means of avoiding compliance with law without affirmative interference with governmental functions.

Thus, the crime has two elements: 1) an intent to obstruct the administration of law, and 2) an act of affirmative interference with governmental functions. Affirmative interference does not necessarily mean physical contact with an officer. Further, police are not obligated to inform you that you are going to be arrested or charged with a crime for failure to submit to a blood test or comply with a lawful order. Therefore, the Superior Court upheld the conviction in this case, finding that the defendant acted criminally in refusing to comply with the warrant.

Do I have to submit to a blood test if I have been arrested for DUI?

Based on this case, the answer is that it depends. If the police have not obtained a search warrant, then you do not have to submit to a blood test, and the failure to cooperate with the police in this regard cannot be used to subject you to criminal penalties or enhanced penalties for refusal upon conviction for DUI. It can, however, potentially be used as evidence against you as evidence of the consciousness of guilt in a DUI trial. If the police have obtained a search warrant, however, the Superior Court has now held you are legally required to comply with that search warrant and submit to the blood test.

Facing criminal charges? We can help.

Criminal Defense Lawyers

If you are under investigation or facing criminal charges, we can help. Our award-winning Philadelphia criminal defense lawyers have successfully defended thousands of clients who were facing charges including DUI, Murder, Aggravated Assault, Possession with the Intent to Deliver, and Violations of the Uniform Firearms Code. We offer a free 15-minute criminal defense strategy session. Call 267-225-2545 to speak with an award-winning defense attorney today.

What happens at arraignment in Philadelphia?

There are two types of arraignment hearings in Philadelphia state court. The first occurs shortly after the defendant is arrested and is called a preliminary arraignment. The second, called formal arraignment, occurs shortly after the preliminary hearing if the defendant has been held for court on a felony charge or directly before trial where the defendant is going to trial in the Municipal Court on misdemeanor charges.

What is an arraignment?

Criminal Defense Lawyer Zak Goldstein

The two types of procedures are very different because the preliminary arraignment is an important step in the process during which the defendant will have bail set by a magistrate or trial commissioner. The amount of bail that the defendant has to pay to be released is extremely important because if the defendant cannot afford to pay bail, then the defendant will be held in custody until either the case is resolved or a judge reduces the bail at a subsequent hearing. Unlike preliminary arraignment, very little happens at formal arraignment. Instead, the defendant is simply advised of the charges against him or her and given the opportunity to plead not guilty. Where the defendant is not in custody, we will typically waive the hearing so that the defendant does not have to make an extra trip to court. Thus, at both types of hearings, the defendant will be advised of the charges and given the opportunity to plead not guilty, but at preliminary arraignment, the defendant will have bail set by a magistrate. This makes the preliminary proceeding much more important.

What happens at the Preliminary Arraignment? 

The first type of arraignment that occurs after a defendant has been charged with a crime in Philadelphia is the preliminary arraignment. This hearing takes place in the basement of the Criminal Justice Center. Once the defendant has been arrested, the defendant will typically be held at the police station for 10-20 hours while they are processed by the police. During that 10-20 hour period, the police will prepare reports, court officers will investigate the defendant’s background, call a family member to verify the defendant’s address, and make a bail recommendation, and the District Attorney’s Office will decide on the final charges that the defendant will face.

Once police and court officials complete that process, a trial commissioner will hold a hearing to advise the defendant of the charges and set bail. Unfortunately, there is no way to avoid being held for 10-20 hours during this processing period. However, in general, if you have an outstanding arrest warrant, we find that the best day to turn yourself in for a quick processing is on Tuesday mornings. In some cases, we have been able to have clients processed and seen by a magistrate in around six hours where they turn themselves in first thing on Tuesday morning.

Do I need a lawyer for Preliminary Arraignment? 

Yes. The hearing takes place in the basement of the Criminal Justice Center roughly 10-20 hours after a defendant has been arrested. The trial commissioner, defense counsel if counsel has been retained, a public defender intern, and a District Attorney’s Office intern are all physically present in the building. The defendant participates in the hearing by video from the police station where the defendant is still being held. The commissioner will then read the charges to the defendant, provide the defendant with date of the first court hearing, and then accept argument from the prosecution and the defense as to what bail should be required before the defendant can be released.

Under the current system, the prosecution is generally asking for little or no bail for many non-violent crimes and misdemeanors, but bail can be very high for violent crimes, defendants with lengthy prior records, and certain felony offenses. Therefore, it is important, when possible, that you retain an attorney prior to turning yourself in so that you can have an attorney present for the bail hearing and get the lowest possible bail.

What happens after the Preliminary Arraignment? 

If the defendant quickly makes bail (which can be paid online with a credit or debit card, in the courthouse, or at the prison), then the defendant will be released with a subpoena to return for a court date. If the defendant cannot make bail, then the defendant will be transported to the Curran-Fromhold Correctional Facility and detained until the defendant either makes bail, bail gets reduced, or the case gets resolved. This process is the preliminary arraignment, and it is an important part of the criminal justice process. Either way, in a felony case, the accused will receive a subpoena for a preliminary hearing court date. 

What is Formal Arraignment? 

Arraignment is a much less important part of the criminal justice process than the preliminary version. In Philadelphia, it generally takes place only in a felony case. When a defendant is charged with a felony in Philadelphia, the first court hearing after the preliminary arraignment is a preliminary hearing which takes place in front of a Municipal Court judge. At that hearing, the Municipal Court judge must determine whether there is enough evidence that the case should go forward to the Court of Common Pleas on felony charges, be remanded to the Municipal Court on misdemeanor charges, or be dismissed altogether. Assuming the prosecution introduces enough evidence that a felony occurred and the defendant committed the felony to send the case to the Court of Common Pleas, the court date after the preliminary hearing will be the formal arraignment. 

Very little, if anything, actually happens at this hearing. If the defendant has retained a private criminal defense attorney, that attorney can waive the hearing so that the defendant will not have to appear. The public defender will not usually waive the hearing for a defendant. The defendant will then simply receive a new court date for a Pre-Trial Conference (SMART Room listing) at which the prosecution will make a plea offer and provide the defense with discovery such as the police reports, witness statements, videos, and other things of that nature. If the defendant is in custody due to a probation detainer or because the defendant does not make bail, then the defendant will not even be brought to the arraignment and will simply receive a new court date. If the defendant does not retain counsel and has a public defender, then the defendant will typically have to appear for the arraignment.

The trial commissioner will advise the defendant of the charges that have survived the preliminary hearing, the defense attorney will enter a not guilty plea on behalf of the defendant, and the parties will discuss whether there is any discovery that has been passed or whether discovery remains outstanding. The defendant will then receive a subpoena for the next court date, which will be the previously-discusssed Pre-Trial Conference (“SMART room” in Philadelphia). 

In a misdemeanor case, the accused technically has the right to be arraigned by a Municipal Court judge directly before the trial takes place. This typically does not provide any benefit to the accused, so the defense will usually waive the reading of the charges in a misdemeanor case in order to expedite things as the charges have been provided in the complaint in advance.

The differences between the two hearings  

The bottom line is that the preliminary arraignment takes place right at the beginning of the case and is an extremely important hearing. It is a crucial hearing in which the defense attorney can fight for low bail so that the client is not held in custody pending the resolution of the charges. The formal arraignment, however, is relatively insignificant and can typically be waived so that the defendant does not have to miss work or incur the cost in terms of time and lost wages of attending court for a date on which very little will happen.

What happens in the rest of the state?

in the rest of the state, less serious criminal cases are often initiated by police sending the defendant a summons in the mail directing the defendant to appear in court for a preliminary arraignment, to get fingerprinted, and to schedule a preliminary hearing. Philadelphia police do not do this; instead, they almost always simply arrest someone. In the rest of the state, once a defendant has received a summons, he or she can retain an attorney and make arrangements with the assigned detective to schedule the first hearing in the case where bail will be set and a preliminary hearing will be scheduled. This makes it much easier for a defendant to have a lawyer present for the hearing as the arrest is less likely to happen by surprise.

What happens at arraignment in New Jersey or Federal Court?

New Jersey and the Federal court system also have arraignment proceedings which are somewhat different. In both of those systems, arraignment occurs after a defendant has been indicted by a grand jury because those systems do not have preliminary hearings in the way that Pennsylvania does. Once a grand jury returns an indictment, the defendant goes before the assigned judge for the arraignment and is advised of the charges and typically enters a plea of not guilty. The judge will then set a schedule for the filing of pre-trial motions and exchange of discovery.

Are you facing criminal charges? We can help.

Philadelphia Criminal Defense Attorneys

If you are facing criminal charges or may be under investigation by law enforcement, we can help. Our Philadelphia criminal defense attorneys have successfully defended thousands of clients in Pennsylvania and New Jersey. We offer a free 15 minute criminal defense strategy session to each potential client. Call 267-225-2545 to speak with an experienced and understanding criminal defense lawyer today.