Commonwealth v. E.T.

Police were on patrol in the area of 56th and Euclid Street when they pulled over a car for illegal tint. Officers claimed that during the vehicle investigation E.T., the front passenger attempted to exit the car and walk away. E.T. was ordered to stay in the car, and when the occupants were asked if there were any weapons in the car, E.T. allegedly got so nervous that officers could see his pulse through his shirt. Police then had all occupants exit the car so that they could conduct a “frisk” for weapons. In the glovebox police recovered a loaded semiautomatic handgun as well as paperwork in E.T.’s name. At the preliminary hearing, the defense established through cross examination that paperwork in the name of other people was also found in the glovebox, including for the owner of the car. A judge agreed that the DA failed to establish that E.T. was in constructive possession of the gun and dismissed all charges at the preliminary hearing for lack of evidence.