Commonwealth v. T.W.

Philadelphia police pulled T.W.”s car (a rental not in his name) over for excessive window tint. After officers approached, T.W. refused to roll his windows all the way down and his hands began shaking when he ultimately provided paperwork for the car to them. During the stop, T.W. allegedly leaned to one side as if he may have had a weapon on him. Police removed T.W. from the car and conducted a search. Under the driver’s seat where T.W. was sitting, police recovered a firearm. At the preliminary hearing, a judge agreed with the defense that the DA failed to establish constructive possession of the firearm and all charges were dismissed.