SALEM – Citing an “unreasonable search and seizure,” a Superior Court judge tossed out heroin seized by police during a pat-frisk of a Lynn man in 2009.Prosecutors then later decided to drop the case.Jose L. Sanchez, 51, of 84A Green St., Lynn, was riding a new bicycle on Chatham Street at about 11 a.m. on Nov. 7, 2009 when Lynn Police Officers Robert Sirois and Michael O’Connell spotted him.Because the warranty for the bicycle was still hanging from the bike, the officers were suspicious that the bike might have been stolen and stopped Sanchez.When they approached Sanchez, he told them he had just bought the bicycle from a yard sale nearby.Sanchez seemed very nervous, kept looking around and reportedly began to run.The officers grabbed him and frisked him, finding a small quantity of heroin in his left front pocket.Sanchez was indicted for distribution of heroin, second offense, as well as possession of heroin with the intent to distribute within 1,000 feet from Lynn English High School.In a motion to suppress hearing, defense attorney Rebecca E. Whitehill successfully attacked the search of Sanchez, arguing it was unreasonable and faulty when they pat-frisked him.The seller of the bike also confirmed at the hearing that she had the yard sale, sold the bike, but could not remember to whom and even had a permit for the event that day confirming the yard sale.Judge Timothy Q. Feeley agreed with Whitehill’s position, saying it was an “unreasonable search and seizure” and ordered that the heroin confiscated from Sanchez was to be tossed out at his upcoming trial.