Legal Question in Criminal Law in Pennsylvania

Different police in Affidavit & at prelim hearing

My friend was arrested based on a search of his person and bags because the police claim they saw a marijuana leaf on his cap. We hope to file a pre-trial motion to get the evidence suppressed. In the initial affidavit it says policeman A saw the marijuana leaf. However, at the preliminary hearing Detective B took the stand and said he saw it. Our attorney says it is no big deal they switched since it was only at the preliminary hearing. so my questions 1) Can they do that (i.e one police officer on affidavit another at prelim)? 2) Even if it is true they shouldn't switch. Do you agree with our attorney that it is not a big deal, or would that statement concern you? My friend seems to be worried and start thinking things up on the lines it's a small town etc.. I tend to think he is getting scared over nothing and if our attorney says it is nothing to use it must be because he believes he has or will get better 'amunition' to use for the pre-trial motion once we get to discovery. But I would appreciate a second opinion.


Asked on 4/22/09, 12:44 pm

1 Answer from Attorneys
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Different police in Affidavit & at prelim hearing

Seems that your friend consented to a search of his person and bags?? Seems that way because it is not probable cause to search somebody because of what is on his cap. So.....why did your friend consent???

If he didn't consent, the search should be suppressed.

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Answered on 4/22/09, 3:28 pm


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