Commonwealth v. S.C.

Police officer testified that he observed the client show a gun to another individual on the street. The officer went around the block and then saw the client get into a car. When police went to stop the car they allegedly observed S.C. make a reaching motion into the back seat. After removing S.C. from the car, a loaded handgun was found in the back seat. The defense filed a motion to suppress evidence of the firearm offense, arguing that the police fabricated the reason for the stop of the vehicle and did not in fact make the observations they claimed to have made. A judge agreed, granting the defense motion on the grounds of officer credibility. As a result of the judge’s ruling all charges were withdrawn by the prosecution.