Commonwealth v. T.C.

While on routine patrol, police effectuated a stop of a car that T.C. was the front seat passenger in. Police claimed that during the stop, T.C. was so nervous they “could see his heart beating through his shirt.” Where they asked the driver whether he had any weapons in the car, he stated “ugh, no.” A firearm was recovered in the center console, and despite the driver having a license to carry he told police the gun was not his. Therefore police arrested T.C., who was on state parole. At the preliminary hearing the defense successfully argued that the Commonwealth failed to establish “constructive possession” of the gun in the console and the case was dismissed for lack of evidence.