Commonwealth v. R.D.
Philadelphia police were monitoring “facebook live” for an account user who had a warrant for a burglary charge. They were able to ascertain that the wanted male was at a Popeye’s chicken in South Philadelphia, so officers from the police fugitive squad were dispatched to apprehend him. Upon their arrival they observed the male wanted for the warrant seated at a table with another man and R.D. Police claimed that while arresting the wanted male they saw R.D. fidgeting around in his pocket where there was a gun-shaped bulge and acting extremely nervous. Officers frisked him for safety and recovered a firearm. Defense investigators located and obtained surveillance video from the Popeyes and presented the video in Court at a motion to suppress evidence. The defense successfully discredited the officer who testified by confronting him with a video showing R.D. sitting completely still and at ease while the officer was interacting with the wanted male. A judge found the officer not credible and suppressed the gun. The Commonwealth was forced to withdraw charges.