Commonwealth v. H.E.

Police were on patrol on Jasper Street when they observed two individuals involved in what they believed to be a drug transaction. As police got closer, those two individuals as well as three other people fled. Police circled the block in their wagon and when they returned to the block, they claimed that H.E. got out of a parked car and fled on foot as well. Police observed him dive headfirst into a known drug house that had also been involved in prior shootings. While other officers were surveying there area for him, they went into the car he was seen in and conducted a search. Inside of the center console they recovered a firearm, which was underneath a photograph of H.E. and another female. The car was also registered to H.E. A short time later H.E. was arrested and charged with the firearm in the car. The defense filed a motion to suppress evidence and argued that the search of the car was illegal as it was without probable cause and without a warrant. The judge disagreed with the Commonwealth’s argument that there were “exigent circumstances” justifying the search and granted the defense motion. All charges are dismissed.