Inevitable Discovery & Police Traffic Stops – What a recent Pennsylvania Superior Court case says about it and why is it important if you’re charged with an gun or drug crime in Pennsylvania!  

Our criminal defense law firm represents people charged with crimes in Pennsylvania and New Jersey.  A critical issue that our firm often deals with in these cases is illegal search and seizure, especially in felony crimes involving the illegal possession of drugs, narcotics, firearms, and other weapons.

In many of these cases, police discover weapons or drugs following a vehicle traffic stop for something unrelated such as speeding.  Following this initial stop, police sometimes find what they believe to be evidence of crime which causes them to initiate further investigation.    Frequently, police in many situations do not follow proper investigative procedures during these encounters but ultimately discover contraband within the vehicle.  In these situations, the legal concept known as Inevitable Discovery is key to a strong defense argument

What is Inevitable Discovery? 

Inevitable Discovery is an exception to the search warrant rule in Pennsylvania.  It is a legal principal that states that evidence should not be excluded for misconduct if police or law enforcement would have inevitably discovered that evidence through a lawful procedure.  In this situation, the prosecution must establish by clear and convincing evidence that had the illegality not occurred, it would have pursued accepted and established procedures that would have inevitably discovered the evidence in question.

What could lead to inevitable discovery

In a case of a vehicle traffic stop, police can impound the car for some type of vehicle issue like bad registration.  This can lead to inventory search which would be an exception to the  warrant issue.  In Pennsylvania, warrantless searches are typically illegal, while they are allowed in New Jersey. While they are permissible in New Jersey, police need probable cause to conduct a warrantless search.  In Pennsylvania, police need probable cause to obtain a search warrant.

What is an Inventory Search?

Police may conduct an inventory search to secure all valuables on a property sheet.  An inventory search is not as extensive as a search based on a warrant or under sufficient probable cause (warrantless), but it nevertheless will likely discovery most contraband in these situations. 

Recent Pennsylvania Superior Court Case – Com v. Brinson – Why established police procedures are important? 

Recently, a Pennsylvania  Superior Court case came out, Commonwealth v. Brinson.  In this case, Brinson was the passenger in a car that was pulled over for a traffic violation. The officer illegally extended the stop by forcing him to wait for a drug dog to come to the scene without reasonable suspicion or probable cause. The DA argued that, even though this extension was illegal, suppression should have been denied because the contraband in the car inevitably would have been discovered during an inventory search.  The Superior Court rejected that argument and upheld suppression for the defense!   

When the prosecution argues inevitable discovery, it has the burden to prove that the evidence inevitably would have been discovered through lawful means. That means that the DA has to call witnesses to testify about police procedures (in this case, a uniform inventory search policy that complies with the law). If they don’t put on any evidence about what police inevitably would have done, they lose automatically. Moreover, if their evidence shows that police might have discovered the evidence later, they will also lose.

Established procedures within the police department are critical areas for any defense based on police misconduct where inevitable discovery and inventory searches are possible arguments.  If police are not following a procedure, this is a prime target for any criminal defense lawyer through a motion to suppress evidence.  If you’re charged with an illegal gun crime in New Jersey, you face a mandatory minimum State prison sentence.  While Pennsylvania does not have any mandatory minimum sentences for most gun crimes, it is nevertheless a felony offense which subjects you to State prison. 

If you are charged with a crime in Pennsylvania or New Jersey involving the illegal possession of guns, firearms, drugs, narcotic or any contraband, illegal search and seizure is an important issue.  Contact our law firm today for help with this legal matter! 

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