Albert v. Commonwealth

Opinion

HODGES, J.

While Alphonso Albert was being arrested on unrelated charges, drugs and drug paraphernalia spilled from a briefcase kicked over by one of the arresting officers. Based on the seizure of the contraband, Albert was indicted for possession of cocaine with the intent to distribute. After the Commonwealth rested its case, the trial court granted the defendant’^ motion to strike the evidence as to possession with intent to distribute and the jury found Albert guilty of possession of cocaine. In this appeal, Albert contends that the court erred in refusing to suppress the seized…