Commonwealth v. J.F.

Philadelphia narcotics officers set up a surveillance on a house in Germantown after receiving numerous complaints regarding drug activity at the location. During the course of the surveillance, officers observed three individuals knock on the door, go inside for 2-3 minutes, then left the area in their car. Each individual was stopped and found in possession of heroin and crack cocaine. On each occasion, the drug buyer was admitted into the property by a male with a dark shirt and shorts. A team of officers then executed a search warrant at the property, and observed the male with the dark shirt and shorts running through the rear yard. According to police. as they entered, J.F. was exiting a second floor bedroom where they recovered $20,000 worth of heroin and crack cocaine. In the backroom underneath the bedroom window police recovered 2 firearms. It was determined that the property was abandoned, and there were 4 other people downstairs who were not arrested. At the preliminary hearing the defense successfully argued that the police investigation failed to show J.F.’s involvement in the drug activity and that the Commonwealth could prove nothing beyond “mere presence” of J.F. in a property where drugs were found, which is a defense to the charges. All charges dismissed.