Commonwealth v. C.C.

Police on patrol around 5700 Chestnut Street observed C.C. driving a Chrysler with a tag that came back to a Toyota. Based on that observation, the police pulled the car over and observed narcotics sticking out of the pocket of the front seat passenger and additional narcotics on the back seat. Police removed both occupants and additionally found a loaded firearm between the passenger seat and the center console. Because the car was owned by C.C. he was charged with the firearm and the narcotics found in the back seat. At the preliminary hearing the defense successfully argued that the Commonwealth failed to establish a prima facie case that C.C. had constructive possession of any of the contraband, and all charges were dismissed.