Commonwealth v. J.R.

Philadelphia police effectuated a traffic stop for an illegal turn made by J.R. When police asked if there was anything illegal in the glovebox he allegedly said he had a firearm. Police acknowledged that he later tried to tell them its was his girlfriend’s gun but he was arrested nonetheless because he was driving the car and allegedly knew of the gun. At the preliminary hearing the defense contradicted the officer’s testimony and established that J.R. was on the phone with this girlfriend at the time the car was pulled over and at that point the girlfriend told him she had left her gun in the car. At the preliminary hearing the defense produced purchase paperwork for the gun as well as his girlfriend’s license to carry and the case was dismissed for lack of evidence.