Com. v. Brown, J.
1679 WDA 2015
| Pa. Super. Ct. | Nov 22, 2016Background
- Police received a face-to-face tip from a civilian that a black male in blue on an orange bicycle was trying to open doors/windows at a vacant BMW Motorcycle Shop.
- Officer Easter located appellant Jeron Brown nearby; Brown matched the description and was riding an orange bicycle.
- Upon seeing the marked police vehicle, Brown changed direction and initially fled on his bicycle when Officer Easter called to him; he later rode back to the officer's vehicle and remained on the bicycle.
- Officer Easter conducted an investigatory stop, performed a pat-down, learned Brown had an active Delaware warrant, announced the arrest, and when attempting to cuff Brown, Brown pushed the bicycle, jumped over it, and ran into a hospital.
- Officers chased Brown through the hospital; he resisted but was eventually subdued and handcuffed. Brown was charged with flight to avoid apprehension and moved to suppress identity evidence, arguing the detention lacked reasonable suspicion.
- The trial court denied suppression, convicted Brown after a stipulated bench trial, and sentenced him; Brown appealed solely arguing the detention lacked reasonable suspicion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officer had reasonable suspicion to detain after an in-person anonymous tip and the suspect’s conduct | Commonwealth: Officer had reasonable suspicion based on a face-to-face tip corroborated by proximity, matching description, and evasive flight | Brown: The investigative detention lacked reasonable suspicion; the tip and conduct were insufficient | Court affirmed: reasonable suspicion existed given the in-person tip corroborated by matching description, proximity, and unprovoked evasive flight |
Key Cases Cited
- In re D.M., 781 A.2d 1161 (Pa. 2001) (unprovoked flight corroborating reasonable suspicion under Wardlow)
- Commonwealth v. Walls, 53 A.3d 889 (Pa. Super. 2012) (proximity, match to description, and flight support reasonable suspicion)
- Illinois v. Wardlow, 528 U.S. 119 (2000) (flight is a pertinent factor in assessing reasonable suspicion)
- United States v. Valentine, 232 F.3d 350 (3d Cir. 2000) (in-person, first-hand tips carry greater indicia of reliability than anonymous calls)
- Commonwealth v. Davis, 102 A.3d 996 (Pa. Super. 2014) (reasonable suspicion standard is less demanding than probable cause; innocent explanations do not negate reasonable suspicion)