Commonwealth v. F.C.

Police were stopped in their car at a traffic light when officers claimed that they smelled marijuana coming from F.C.’s car, which was parked legally. As the officers approached F.C., they claim he made a quick movement under his seat. F.C. was removed from the car and police alleged that they recovered 24 packets of heroin from where they saw him reaching. At trial, the defense produced police reports from prior arrests of the officers, showing that they had a penchant for making arrests due to an odor of marijuana when in fact no marijuana is recovered. In this case, the defense successfully attacked the credibility of the officers and the Commonwealth’s ability to prove constructive possession and F.C. was found not guilty.