The defendant was sleeping on his friend’s couch when he was awoken by police. They were executing a valid search warrant issued for his friend’s home. The police then handcuffed and searched the defendant. They found a glass bottle that contained drugs on his person. He was charged with drug possession and intent to deliver. Robert C. Keller presented a Motion to Suppress the evidence before a Delaware County Court of Common Pleas judge. Mr. Keller argued that the search of the defendant was illegal and unconstitutional because the search exceeded the scope permitted by law. Since the bottle did not present an immediate danger to the police and since it was not known to contain drugs, any further search of the contents of the bottle was impermissible. Mr. Keller argued that since the search itself was illegal, any evidence of drugs found as a result of the unlawful search must be suppressed. The judge agreed. The evidence was suppressed and the charges were withdrawn by the Commonwealth.
JAN