Commonwealth v. M.P.

After receiving a tip, police utilized a confidential informant to purchase marijuana from M.P. at his house on three separate occasions. Each time, police observed the transaction. After the third buy, police raided the residence and seized bulk marijuana, scales, money, proof of residency and a firearm that was behind a sofa. Due to M.P.’s prior record with drug offenses in Philadelphia, sentencing guidelines would have called for at least a 6 to 12 year prison sentence. At trial, the defense conceded the delivery of marijuana charges but attacked the sloppy police paperwork, and argued that other people had access to the house and therefore could have possessed the firearm. The result was a verdict of not guilty on the gun charges, and M.P. was immediately released from prison, where he had been held on a $350,000 bail hearing awaiting trial.