Commonwealth v. D.R.

Police set up a surveillance on a known drug corner in the Kensington section of the city. Less than five minutes after setting up their surveillance they noticed D.R. and another male engage in a “hand to hand transaction” that involved money for objects. Based on that transaction the police initiated a stop of DR and recovered heroin out of his pockets. The defense filed a motion to suppress evidence and argued that the police officer failed to adequately testify to the specific facts that led him to believe that a drug transaction had occurred and therefore the police lacked reasonable suspicion and probable cause to stop him and seize the evidence that was recovered. A judge agreed, resulting in a dismissal of criminal drug offenses and all charges against D.R.