Philadelphia criminal defense attorney, Margeaux Cigainero, recently won the case of Commonwealth versus J.V. when the Commonwealth withdrew the case because of an illegal search. Learn what constitutes an illegal search and how Cigainero worked with her client to have the criminal charges withdrawn.
What is an illegal search?
In the United States, every citizen is entitled to a reasonable expectation of privacy, as outlined in the 4th Amendment of the Constitution. This means that, barring certain exceptions, law enforcement must get written permission, or a search warrant, and establish probable cause to search a person’s body, home, or belongings. An illegal search is a search conducted without a court-issued warrant or sufficient probable cause.
The case:
In the case of Commonwealth versus J.V., James [not his actual name] was observed on his block having a conversation with his neighbor. The police had already watched the neighbor have several hand-to-hand interactions. Assuming the neighbor was engaged in selling narcotics, the police made an arrest. On the neighbor’s person, they discovered both narcotics and cash. And upon searching the neighbor’s home (with consent), the police found additional narcotics, unused packaging, and more money.
It was James’s turn next. At the time of his arrest, the police discovered no contraband on James. However, looking at the address on his ID, they discovered that James lived right next door to his recently arrested neighbor. To “secure the property,” as they described it, the police entered James’s home without a warrant, where they noted alleged narcotics and currency. Law enforcement would use this information in their application for a search warrant and confirmation of probable cause.
Once granted a legal search warrant, police entered James’s home and confirmed the presence of narcotics, paraphernalia, and several firearms. They arrested James.
How we won:
Attorney Margeaux Cigainero met with James to examine the case documents, including the affidavit of probable cause and the search warrant. Upon review, Cigainero realized not only had the officers got her client’s address during an illegal search but that their initial search of his home was conducted without a warrant or sufficient cause. Yes, the officers later acquired a legal search warrant, but it was based on evidence they got illegally.
After Defense Attorney Cigainero notified the Commonwealth and the court of the illegal stops and searches of James and his home, through her motion she moved for the court to suppress all the evidence located in James’s home. The Commonwealth conceded the motion, agreeing to withdraw all the charges. The case against James was dismissed and he will be eligible to have the arrest expunged from his records.
If you believe you’ve been subject to an illegal search or seizure and are now facing criminal charges, we want to hear from you. Our firm has successfully defended thousands of clients against criminal charges, not just in Philadelphia, but in courtrooms all over Pennsylvania. For a free consultation, call or text us today at 215-884-9300.
