Commonwealth v. F.F.

Pennsylvania State Police executed a search warrant at a residence in Philadelphia looking for evidence of a burglary. Although they failed to find what they were looking for, troopers found a large amount of heroin, cocaine, a gun, ammunition, scales and packaging material. F.F. was arrested for gun offenses and drug offenses because she was present at the time of the search and lived at the residence, and troopers believed she was part of a conspiracy to distribute/sell the drugs. At a preliminary hearing, the defense successfully argued that F.F. did not have the requisite knowledge of, and intent to control the items that were recovered. Finding that F.F. was “merely present”, a Judge dismissed all charges.