Commonwealth v. A.M.

Philadelphia police were on routine patrol at 1900 E. Chelten Avenue when they observed A.M. fail to signal while making a turn. Police conducted a cat stop and during the stop claimed they observed “loose, non-recoverable marijuana flakes” in plain view, and that A.M., the driver and sole occupant, was extremely nervous. A.M/ was taken out of the car, and during a search police recovered a 9mm handgun from the center console. At a preliminary hearing, the defense argued that the Commonwealth failed to prove that A.M. was in “constructive possession” of the firearm and a judge agreed, dismissing all charges,