Gun Suppressed After Illegal Search and Case Dismissed

Today, Attorney Foltz secured a massive victory in court: a full dismissal of a client’s case after he successfully won a motion to suppress a firearm.

When the police recovered a gun inside a client’s home, on the couch where he was sleeping, the Commonwealth charged him with various firearms offenses. In this case, law enforcement officers illegally seized and opened a closed container without a warrant. Because Attorney Foltz successfully argued that the search was unconstitutional, the judge suppressed the gun, meaning it could not be used as evidence. Without their key piece of evidence, the prosecution was forced to dismiss the case entirely.

The Fourth Amendment generally requires police to get a warrant signed by a judge before they can search or seize your property. However, over the years, the courts have carved out and refined exceptions to the warrant requirement. If you are facing criminal charges, it is critical to understand when police can (and cannot) seize your property without a warrant.

To learn more about when police can seize your property without a warrant, click here.

Are you or a loved one charged with illegal possession of a firearm? Give us a call!