A police officer executing a search warrant at a man’s home did not have probable cause to arrest another man on the premises, despite the fact that another police officer saw the defendant take part in a drug transaction days before, the state Superior Court has ruled.
A unanimous three-judge panel of the court ruled in Commonwealth v. Yong that since the officer who saw the drug deal did not relay information about the defendant to the arresting officer before the arrest, the collective-knowledge doctrine did not apply to the situation to give the arresting officer probable cause. The three-judge panel’s decision overruled the lower court’s ruling to deny the defendants’ suppression motion.
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