Commonwealth v D.J.

Robert E. Mielnicki

Case Conclusion Date:May 19, 2011

Practice Area:Criminal Defense

Outcome:Suppression granted, case withdrawn

Description:D.J. was charged with Firearms not to be Carried w/o a License and False Identification. D.J. was a passenger in a car lawfully stopped by the police. During the stop, D.J., according to the police, seemed nervous. The police asked D.J. for his name and, according to the police, he gave a false name. After determining his correct name, the police learned that there was a warrant for D.J. Upon arresting D.J., the police searched the passenger side of the car and found a gun under the floor mat. Relying on two very recent cases from the Pennsylvania Superior Court which called into question the right of the police to demand that a person not violating the law to identify himself, Attorney Mielnicki was successful in having the gun suppressed. The charges were then withdrawn.