Commonwealth v. L.B.

Philadelphia narcotics officers set up a surveillance on a known drug corner. The officers allegedly observed L.B and two co-defendants engage in narcotics activity, and when they raided the block, recovered drugs out of L.B.’s pocket, as well as large amounts of crack cocaine and packaging materials out of several nearby houses. At the preliminary hearing, the defense successfully argued that the Commonwealth failed to establish that L.B. had conspired with others on the block, or had engaged in any drug dealing. Rather than have to face a potential mandatory minimum 3-6 year jail sentence after a trial on the felony charges, the Judge threw out the felonies and remanded the case on a misdemeanor charge of simple drug possession in Philadelphia.