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Thomas D. Kenny Case updates motion to suppress in

Week of June 15 2015.  Thomas D. Kenny of KMKM Law Group, P.C. litigated a motion to suppress in Philadelphia, PA (criminal justice center).  Client was facing charges of possession with intent to deliver (drug dealing) and violations of uniform firearm act (possession of an unlicensed hand gun).  Police arrested client in a high drug area that also happened to have a wave of violent shootings. Client was arrested only based on an alleged transaction with a person who was not stopped and therefore nothing was recovered from the so-called buyer. Narcotics were found on client's person and also later in an automobile was recovered a hand gun and more drugs.  Client was accused of possessiing the drugs and gun. Mr. Kenny filed and litigated a motion to suppress arguing that the police lacked the probable cause to make the arrest of the client. The court agreed and suppressed the evidence. Mr. Kenny argued the case of Commonwealth vs. Banks 540 Pa. 453, 658 A.2d 752 (1995 PA Supreme Court opinion)  which while was a reasonable suspicion case held that police could not just stop and frisk someone without the requisite reasonable suspicion/probable cause.