Comm. v. S.S

Client was accused of possessing a large amount of crack, with the intent to deliver, along with drug paraphernalia and a firearm.

Police had traveled to client’s residence to serve an arrest warrant for an unrelated offense that was later withdrawn prior to trial. Police, after the client was in custody, then re-entered client’s residence and searched a downstairs bedroom, under the guise they were retrieving clothing for the client. Police alleged that they recovered drugs, drug paraphernalia, and a gun inside of the bedroom.

During a motion to suppress, it was demonstrated by Mr. Kadish that police entered the bedroom without a search warrant or valid exception to the warrant requirement. Client’s family members could have retrieved the clothing and the police’s entry was without the consent of any of the family members.

At the conclusion of the hearing, the motion to suppress was granted and the Court precluded any of the evidence recovered from the bedroom from being used at trial. Accordingly, the Commonwealth then withdrew all charges against client.