Commonwealth v. D.M.

Police set up a narcotics surveillance and observed DM and a co-defendant grabbing “items” out of the window of an abandoned house. The two of them were also observed in conversations and “exchanges” with other unidentified people who were not stopped by police. Eventually, the surveillance officer instructed back up officers to move in and arrest both individuals for robbery and burglary charges. DM allegedly discarded 5 packets of heroin when police approached to charge with drug offenses. Officers also recovered 45 bundles of heroin from the abandoned house. After a preliminary hearing a judge dismissed the felony charges of Possession With Intent to Deliver Narcotics (PWID) and Conspiracy and remanded the case on a misdemeanour charge of Simple Possession.