AA and multiple other people were arrested in a major drug sting by the narcotics strike force. Officers observed co-defendants serve multiple people heroin. During the transactions one of the sellers went to a house where AA opened the door, had a conversation and let the co-defendant in. Co-defendant left shortly thereafter with what was immediately apparent as a bundle of heroin. Police began making arrests and held the house where AA resided while waiting for a search warrant. The search warrant was issued and executed. Discovered at the house in the refrigerator were multiple bundles of heroin, carrying a 5-10 year minimum mandatory sentence. AA was arrested and processed with the other individuals, giving his home address as the one where he was arrested. During trial Mr. Shaffer was able to elicit that there were multiple other individuals in the house and had a defense witness state that she didn’t know AA to live there, but someone else. During closing arguments Mr. Shaffer brought to the judge’s attention multiple cases from both PA and the federal 3rd circuit that addressed the issue of constructive possession. All of the co-defendants were found guilty, but despite AA’s transaction with one of the co-defendants and the large amount of heroin found in his residence, he was found NOT GUILTY of all charges.
