Commonwealth v. E.R.

Philadelphia police and DEA agents conducted a long-term drug investigation of a property on Mantua Street that spanned from April 2019 to November 2019. Police observed numerous people entering into and exiting the property to purchase heroin/fentanyl. E.R. was observed on several days at the property and occasionally admitted people into the house. Movements of the occupants were monitored and police ultimately secured a search warrant that was executed in November. Upon entry, police arrested E.R. in the living room of the house as well as another target of the investigation. E.R. had a large amount of cash on his person but no narcotics were found on him, and there was no proof of residency for him in the house such as mail (as opposed to a co-defendant). A search of the house resulted in the seizure of over 1000 packets of heroin, bulk fentanyl, packaging material and three firearms. At the preliminary hearing the defense successfully argued the Commonwealth failed to establish enough evidence that E.R. was involved in a conspiracy our constructively possessed anything seized from the house. All charges were dismissed by a judge.