Commonwealth v. Arrington

Arrington litigated a suppression motion, which the trial court denied. He appealed from the judgment of sentence entered following his convictions of one count each of firearms not to be carried without a license, disregard traffic lane, failure to keep right, and possession of drug paraphernalia, and two counts each of possession of a controlled substance and possession with intent to deliver.  The Superior Court affirmed in part, reversed in part, and remanded.

After a car stop for suspected DUI, police officers searched Arrington’s vehicle and discovered a gun and drugs. The Superior Court determined that the police officers did not have reasonable suspicion to search the vehicle. Although the stop occurred late at night in a high crime area, the officers did not observe weapons or contraband in plain view; Arrington did not display extreme nervousness; and Arrington did not make furtive movements.