Commonwealth v. M.H.

Philadelphia Police set up a narcotics surveillance and saw M.H. engaging in conversations with the target of the surveillance, who was making numerous drug transactions on the street. M.H. then allegedly fled into a house when back-up units converged in the area. M.H. was apprehended inside of the house, as well as the targeted drug dealer. Police searched M.H. and found a large quantity of drugs on his person. M.H. was arrested and incarcerated due to the new charges and because he was on state parole. The defense filed a motion to suppress evidence and argued that the police lacked probable cause to search M.H. for narcotics offenses, and that his constitutional rights were violated. A judge agreed and the Commonwealth was forced to withdraw all charges against M.H.