Q: Attorney Tully, what is the legal standard for deciding if the police can detain or search a Defendant?

A: The police need some factual basis to think the Defendant has committed a crime. A Federal Court, which covers Pennsylvania, recently discussed this issue. That Court found if a Defendant is not fleeing or running and makes no threatening movement toward the police, he has submitted to their authority. Without this factual foundation, the evidence is going to be suppressed. The way to get a Court to decide the issue is by filing a Pre-Trial Motion to Suppress Evidence. Call me for a meeting.