Commonwealth v. T.O.

Police pulled over a car being driven by T.O. for lack of proper registration. Police claimed they observed a strong odor of Marijuana and a packet of marijuana in plain view and that T.O. became visibly nervous and was shaking uncontrollably. Due to those observations and because T.O. did not have a valid license, he was removed from the car and police conducted a search. Officers claimed they saw scratch and pry marks on the shifter column, and it allegedly popped right off when the officers touched it. Inside was a natural void containing a lo0aded firearm and 280 packets o0f heroin. At the preliminary hearing, after cross-examination, the defense successfully argued that the DA failed to establish “constructive possession” of the gun and drugs and a judge agreed, dismissing all charges for lack of evidence.