Warrant Lacked Probable Cause – Kilo of Cocaine Evidence Suppressed
Client was driving his mini-van on Interstate 80 when he was stopped by a Pennsylvania State Trooper for illegal tint. The trooper ran Client’s criminal record and noticed that Client had a prior felony drug conviction for cocaine possession. The trooper removed Client from vehicle and requested consent to search. Client consented. A second trooper ran a drug dog around the vehicle, and the drug dog did not hit on any odors of drugs. The troopers then conducted a thorough search of the vehicle. One trooper found a welded box on the undercarriage of the van under the front passenger seat. The vehicle was impounded, and the trooper obtained a search warrant for the box. A search of the box to the discovery of approximately 550 grams of cocaine.
Client was charged with a felony offense of Possession With Intent to Deliver. Client’s attorney filed a pretrial motion to suppress that was denied. Client proceeded to trial, was convicted, and was sentenced to 5 ½ to 11 years in state prison.
Experienced Pennsylvania Appellate Attorney
Experienced Pennsylvania appellate attorney Jason S. Dunkle filed an appeal to the Pennsylvania Superior Court and argued the trooper’s search warrant lacked probable cause to believe that the welded box contained evidence of criminal activity. In the paperwork seeking the search warrant, the trooper wrote that he believed that the box co
Pennsylvania Superior Court Suppresses Cocaine Evidence Due to Invalid Search Warrant
Traffic Stop on I-80 Leads to Felony Drug Charges
Our client was pulled over on Interstate 80 in Pennsylvania by a Pennsylvania State Trooper for an alleged window tint violation. During the stop, the trooper ran a background check and discovered that our client had a prior felony conviction for drug possession (cocaine).
After removing our client from the vehicle, the trooper requested and received consent to search the minivan. A second trooper conducted a K-9 drug dog sniff around the vehicle. Importantly, the drug dog did not alert to the presence of any narcotics.
Despite the lack of any alert from the drug dog, the troopers proceeded to conduct a manual, invasive search of the vehicle. During this search, they discovered a welded metal box attached to the undercarriage beneath the front passenger seat.
Search Warrant Lacked Probable Cause
Rather than open the box on the spot, the troopers had the vehicle impounded and later obtained a search warrant for the box. Inside, they found approximately 550 grams of cocaine, which led to charges of Possession With Intent to Deliver (PWID), a serious felony drug offense in Pennsylvania.
Our client was convicted at trial and sentenced to 5½ to 11 years in state prison. However, the fight wasn’t over.
Pennsylvania Criminal Appeals Lawyer Fights for Justice
Attorney Jason S. Dunkle, a seasoned Pennsylvania appellate attorney, filed an appeal to the Pennsylvania Superior Court. In the appeal, Attorney Dunkle argued that the search warrant was unconstitutional because it lacked probable cause.
The trooper’s affidavit in support of the warrant merely stated that, based on his “training and experience,” he believed the box might contain drugs, guns, or cash. However, the affidavit failed to include any factual basis to support that belief:
The trooper did not cite any specific training, certifications, or courses related to concealed compartments or drug trafficking.
He did not reference any prior cases where he found evidence in similar welded boxes.
He did not explain how his “training and experience” led to a reasonable belief that the box contained contraband.
Superior Court Rules in Favor of the Defense
The Superior Court agreed with Attorney Dunkle’s arguments and found that the warrant lacked sufficient probable cause. As a result, the search was deemed unconstitutional, and all evidence obtained from the search was suppressed.
With no admissible evidence, the prosecution was forced to dismiss all charges. Attorney Dunkle then successfully filed for expungement to have all records related to the arrest and charges completely destroyed.
Why Probable Cause Matters in Pennsylvania Search Warrants
This case underscores the importance of probable cause in search warrant applications. Law enforcement officers must do more than rely on vague references to their “training and experience.” They must provide specific, articulable facts that establish a nexus between the place to be searched and evidence of a crime.
If your rights were violated by an illegal search or seizure in Pennsylvania, you may have grounds to challenge the evidence and seek dismissal of your charges.
Contact a Skilled Pennsylvania Criminal Appeals Attorney
If you or a loved one is facing criminal charges or seeking to appeal a conviction in Pennsylvania, contact Attorney Jason S. Dunkle today. With over two decades of experience handling appeals, suppression issues, and expungements, Attorney Dunkle can help protect your rights and your future.