K.S. was arrested for narcotics violation and drug offenses in Philadelphia after police pull him over for allegedly failing to use a turn signal. After approaching the car, which belonged to K.S., police claim they saw small baggies containing cocaine in plain view in the center console.
At a motion to suppress evidence, the defense presented evidence that other officers had arrested another individual for drugs in the same car several blocks away and just 30 minutes prior. The defense also presented evidence to show that because the other individual was in the back seat of the car, police wanted to investigate the driver, who was not present at the time.
Based on the defense evidence and cross examination of the arresting officer, a Judge refused to believe that the car stop was for failing to use a turn signal. She ruled that the officer was not credible and granted the defense motion to suppress evidence.