Commonwealth v. Fitchett

By Judge Randall D. Smith

Defendant stands indicted in this Court on a charge of possession of a firearm after having been convicted of a felony. The matter is now before this Court on Defendant’s Motion to Suppress the firearm in question. Defendant argues that discovery of the firearm was based upon an illegal seizure of Defendant in violation of his Constitutional rights. Specifically, Defendant claims that he surrendered to the show of authority and was therefore seized within the meaning of the Fourth Amendment. Consequently, Defendant contends that the firearm was the fruit of an illegal…