Commonwealth v. A.S.

DEA agents were conducting a narcotics surveillance on the 200 block of West Grange when they observed A.S. emerge from an alley near a target property they were investigating carrying a large shopping bag. A.S. then looked into one of the agent’s vehicles on got on a cell phone and appeared to be talking to someone. The agent instructed highway patrol officers in the area on standby to initiate an “encounter” with A.S. to investigate who he was and where he was coming from. According to police, after highway officers pulled up alongside A.S. and got out of their car, A.S. dropped the bag and fled. Police apprehended A.S. and the bag, which contained over 35 “racks” of heroin/fentanyl, for a total of 4600 packets valued at over $46,000. The defense filed a motion to suppressed, arguing that the highway officers actions amounted to more than an “encounter” and was in fact an illegal stop that was not supported by reasonable suspicion or probable cause that A.S. was engaged in illegal activity. A judge agreed and the evidence was suppressed, the case dismissed, and A.S. was released from custody.