Commonwealth v. E.O.

Pennsylvania State police received information about a heroin packaging house on 600 Garland Street where high-level drug dealers would retrieve heroin to distribute for street sales. Troopers conducting surveillance observed E.O. arrive on the block in a Jeep and attempt to conduct counter-surveillance for law enforcement. E.O. ultimately exited his jeep and carried what appeared to be an empty duffel bag into the package house. After he was observed exiting with what appeared to be a “stuffed” duffle bag, troopers had back up officers conduct a traffic stop of the Jeep. After pulling the car over police called for K-9 to conduct a “sniff” of the vehicle. The canine ultimately indicated a positive hit for narcotics in the back seat area of the Jeep where the duffel bag was located. The bad was seized, and police recovered approximately 25,000 bags of heroin/fentanyl worth an estimated $750,000. The defense filed a motion to suppress arguing that the stop of the Jeep was without probable cause and that the search of the bag was illegal. A judge granted the motion and all charges were dismissed.