Com. v. Bavin, J., 1416 WDA 2014

On Jan 22, 2013, a known reliable confidential informant (CI) told police a short white male with short hair driving a light-blue Chevy and accompanied by a white female would be at the Giant Eagle on Rodi Road to sell heroin.
Detectives set up surveillance; about five minutes after the CI’s last call a light-blue Chevy matching the description arrived and parked at the store entrance with a white male driver (Appellant Joshua Bavin) and a white female passenger.
Officers (seven approached the car) ordered Bavin out; he was briefly detained and, after being told he was suspected of narcotics activity, consented to a search.
Search of Bavin revealed 100 Oxycodone pills on his person; the passenger had heroin and drug paraphernalia. Bavin was charged with multiple drug offenses and conspiracy.
Trial court denied Bavin’s pretrial motion to suppress; a jury convicted him and the court imposed an aggregate sentence including a five‑year mandatory minimum under 18 Pa.C.S. § 7508(a)(7)(iii).
On appeal the Superior Court affirmed the denial of suppression but vacated the five‑year mandatory minimum sentence under Alleyne/Newman/Fennell and remanded for resentencing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the stop/detention was lawful (investigative vs. custodial)	Commonwealth: CI was reliable and corroborated; officers had reasonable suspicion to briefly detain and investigate	Bavin: The encounter was custodial (de facto arrest) requiring probable cause; alternatively, there was no reasonable suspicion; consent was coerced	Held: Detention was an investigative stop supported by reasonable suspicion; consent was voluntary
Legality of mandatory minimum under 18 Pa.C.S. § 7508	Commonwealth: agreed with defense that § 7508 is unconstitutional post‑Alleyne	Bavin: mandatory minimum violates Alleyne because factfinding that increases mandatory minimums must be jury‑found beyond a reasonable doubt	Held: Section 7508 cannot be applied; five‑year mandatory minimum vacated; remand for resentencing

Alleyne v. United States, 133 S. Ct. 2151 (2013) (facts that increase mandatory minimums must be submitted to a jury and found beyond a reasonable doubt)
Commonwealth v. Newman, 99 A.3d 86 (Pa. Super. 2014) (Pennsylvania mandatory minimum statutes invalid under Alleyne and not severable)
Commonwealth v. Fennell, 101 A.3d 13 (Pa. Super. 2014) (concluding 18 Pa.C.S. § 7508 unconstitutional under Alleyne and Newman)
Commonwealth v. Johnson, 849 A.2d 1236 (Pa. Super. 2004) (CI tip corroboration and matching vehicle/description can supply reasonable suspicion for investigative stop)
Commonwealth v. Caban, 60 A.3d 120 (Pa. Super. 2012) (distinguishing encounter, investigative detention, and custodial arrest standards)
In Interest of S.J., 713 A.2d 45 (Pa. 1998) (factors to determine whether a detention is investigative or custodial)
Commonwealth v. Douglass, 539 A.2d 412 (Pa. Super. 1988) (duration and diligence in investigative stops)