Commonwealth v. K.M.

A police officer in an unmarked car claimed he saw K.M. double park and then hand an unknown item to another individual in a parked car. That person “fled” the area and the officer stopped K.M. for investigation after he drove away. As the officer approached the car, he allegedly saw K.M. toss a baggie containing 45 packets of marijuana onto the lap of the passenger. The defense filed a motion to suppress evidence, arguing that the police lacked reasonable suspicion or probable cause to stop K.M.’s car making this no longer a drug charge case in Philadelphia. A judge agreed, and the DA was forced to withdraw all charges.