CASE SUMMARIES 2026

1. Firearm case withdrawn after suppression motion filed

Background: Client was pulled over at a gas station.  The officer claimed to have smelled marijuana and requested consent to search the vehicle.  The client refused consent and was permitted to leave the scene.  Rather than apply for a warrant, the officer seized the vehicle and then conducted an inventory search.  A firearm was recovered in the vehicle and Client was charged with Person Not to Possess a Firearm and Carrying a Firearm Without a License.

Results: FWO filed a motion for suppression of the evidence recovered as a result of the illegal seizure of the vehicle.  The motion was written and supported with extensive caselaw and research.

On the day scheduled to litigate the motion, the Commonwealth’s attorney submitted a nolle prosse form to withdraw the charges against Client as a result of the motion that was filed.  Client was facing a lengthy state prison sentence but ultimately had the charges withdrawn against him. 

2. Firearm case dismissed following a preliminary hearing

Background: A vehicle with four occupants was pulled over in Pittsburgh.  The driver provided officers with consent to search the vehicle.  A firearm was recovered under the front passenger seat.  Client – originally seated in the back passenger side seat – and the co-defendant – originally seated in the front passenger side seat – were both charged with Carrying a Firearm Without a License. 

Results: Despite Client failing to appear for his preliminary hearing, FWO had a hearing in his absence.  FWO cross-examined the officer as to the positioning of the firearm and highlighting the fact that there was no indication that Client knew the firearm was under the seat in front of him.

Following a lengthy hearing and extensive arguments before the Magisterial District Judge, the charge of Carrying a Firearm Without a License was ultimately dismissed. 

3. Firearm case withdrawn after successfully arguing a motion to suppress

Background:  Officers stopped and seized a vehicle that was reported stolen.  Client was a passenger and removed from the vehicle.  When asked for his information, Client indicated that his identification was in the vehicle still.  Without asking for permission or consent, officers entered the vehicle to retrieve the identification and saw a firearm under the seat.  Client was charged with Carrying a Firearm Without a License, Possession of a Firearm With an Altered Manufacturer’s Number, and Possession of a Weapon on School Property.

Results:  FWO filed a motion for suppression of the evidence based upon the lack of consent to search the vehicle.  The officer never requested and/or was granted permission to retrieve the identification from the car.  Therefore, it was illegal to enter the vehicle.  The firearm that was viewed and retrieved in violation of Client’s rights.  The Court suppressed the firearm, and the Commonwealth was forced to withdraw the case.