Suppression motions may be filed by lawyers to keep evidence out of court. Probable cause to arrest exists when the facts and circumstances within the police officer's knowledge and of which the officer has reasonable trustworthy information are sufficient in...
Suppression
Suppression Spoilation of Evidence
by Bellwoar Kelly, LLP | Jul 9, 2017 | Suppression
Suppression Motion may be filed by defense attorneys in order to keep out evidence. One type of suppression motion deals with the Spoilation of evidence which deals with the intentional or unintentional destruction of evidence by the government-typically...
Suppression Motions stop-and-frisk
On Behalf of Bellwoar Kelly, LLP | Oct 4, 2016 | Suppression
The United States Constitution protects the citizens of the United States against unreasonable searches and seizures via Suppression Motions. Although the Fourth Amendment mentions the need for a warrant in order to perform a search, under certain circumstances a...
Suppression issues: What are Exigent Circumstances?
On Behalf of Bellwoar Kelly, LLP | Apr 25, 2016 | Suppression
Suppression of evidence means that the evidence is not allowed in court. In search and seizure cases, there is one Suppression issue that arises with great frequency, and that is, when do the police not need a search warrant to enter and search my home. In this...
Recent Pennsylvania Supreme Court Case re: Inventory Search
by Bellwoar Kelly, LLP | Apr 9, 2014 | Suppression
The Pennsylvania Supreme Court recently issued a ruling that reduces the police's ability to tow vehicles and conduct warrantless inventory searches of the vehicle. These cases often arise in drug cases. The United States and Pennsylvania Constitutions...
Elements for the plain view doctrine in Pennsylvania
by Bellwoar Kelly, LLP | Apr 1, 2014 | Suppression
In Pennsylvania, plain view is a type of exception or excuse from the constitutional provision requiring that all searches must be conducted pursuant to a warrant. Under the plain view exception, the Commonwealth must prove that the officer was lawfully present...
Search of hotel rooms
by Bellwoar Kelly, LLP | Sep 30, 2013 | Suppression
This entry will deal with the question of whether a person can challenge a search made of his hotel room. The United States and Pennsylvania Constitutions protect individuals from unreasonable searches of their person, homes, and effects. Obviously, the question...