Commonwealth v. M.B.; November 2012

Commonwealth v. M.B.; November 2012

Outcome: Motion to suppress firearm granted and all charges withdrawn. M.B. was facing at least a4 year state sentence if convicted and received no penalty after the charges were withdrawn.

Description:M.B. was charged with possession of a firearm by a convicted felon while he was outside on the corner in possession of a gun. He had a prior felony conviction which prohibited his possession of a gun. Philadelphia Warrant Unit officers stopped him believing he was another individual, searched him and recovered a firearm. Mr. Fishman investigated the matter by obtaining an arrest photo of the person authorities thought was M.B. In addition, Mr. Fishman investigated the other person’s whereabouts at the time of the arrest. Mr. Fishman’s investigation revealed that the person the Warrant Unit was looking for had been arrested the previous day by other officers and was in prison when M.B. was arrested and searched. This pre-trial investigation and the testimony at the motion to suppress established that the officers lacked reasonable suspicion and probable cause to search M.B. Therefore, a pre-trial motion to suppress was granted and all charges were withdrawn by the Commonwealth.