Commonwealth v. E.S.

Highway Police were on routine patrol when they observed a Chevy Impala pass a Septa Bus and veer into oncoming traffic. Police initiated a stop of the car and claimed that they saw E.S., the back seat passenger, reaching into his waistband as they approached. While at the car window they allegedly observed E.S. repeatedly kick a bag with his left foot in an attempt to secrete it under the front seat. Based on these observations, police frisked the bag and immediately fell a firearm, which they recovered. After searching his pockets, police also recovered 21 packets of crack cocaine and a jar of PCP. The defense filed a motion to suppress and argued that the police illegally searched the bag and that the recovery of the gun and drugs were the fruit of illegal police conduct. At the hearing, the defense successfully cross-examined the police officer on his ability too make the observations he claimed to have seen and presented evidence that E.S. had a disability that prevented him from using his left foot. A judge granted the motion to suppress evidence and the DA was forced to withdraw all charges.