Com. v. Govens, M.
Com. v. Govens, M. No. 1673 EDA 2016
| Pa. Super. Ct. | May 22, 2017Background
- Late-night (1:30 a.m.) police response to a large street fight outside the Gold Room bar in Chester; about 50 people present.
- An unknown woman told Officer Sabillon she saw a man put a gun in his pocket, described the man, pointed to Govens, then drove off; Sabillon did not know her identity.
- Sabillon radioed two nearby officers to stop Govens based solely on the woman’s tip; those officers grabbed Govens and ordered him to remove his hands from his pockets.
- Officers found a firearm in Govens’s pocket and, after arrest, recovered cocaine during a custodial strip search; Govens was charged and convicted after a stipulated bench trial.
- Govens moved to suppress the firearm and drugs as fruits of an unlawful seizure; the suppression court denied the motion. On appeal the Superior Court reversed, finding the stop lacked the reasonable suspicion required under the Fourth Amendment and Pennsylvania law, and discharged Govens.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officers had reasonable suspicion to conduct an investigative detention based on the woman’s tip | The anonymous-seeming tip, given in the context of a large street disturbance, and the officers’ identification of a person matching the description, justified a stop | The tip was effectively anonymous, uncorroborated, and no suspicious or criminal conduct by Govens was observed before the stop | Stop was unlawful: tip alone, without corroboration or observed wrongdoing, did not supply reasonable suspicion; detention illegal |
| Whether evidence (gun and cocaine) should be suppressed as fruits of the illegal stop and search | Evidence was properly seized after a lawful stop and arrest; cocaine recovered after custodial search was valid | Evidence resulted from an illegal seizure/search and must be suppressed | Fruits of the illegal detention/search suppressed; without that evidence convictions reversed and Govens discharged |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (investigatory stops require reasonable suspicion)
- Commonwealth v. Jackson, 698 A.2d 571 (Pa. 1997) (anonymous tip of a person with a gun does not alone justify a stop without corroboration of criminal activity)
- Commonwealth v. Gray, 784 A.2d 137 (Pa. Super. 2001) (anonymous tip alone insufficient; police need independent corroboration)
- Commonwealth v. Barber, 889 A.2d 587 (Pa. Super. 2005) (anonymous tips treated with particular suspicion; reliability is key to reasonable suspicion)
- Commonwealth v. Hayward, 756 A.2d 23 (Pa. Super. 2000) (in-person, unknown informant can be effectively anonymous)
- Commonwealth v. Foglia, 979 A.2d 357 (Pa. Super. 2009) (police may not detain solely on an anonymous tip matching a description of a person carrying a gun)
- Commonwealth v. Roberts, 771 A.2d 23 (Pa. Super. 2001) (reasonable suspicion must exist at inception of the stop)
- Commonwealth v. Lohr, 715 A.2d 459 (Pa. Super. 1998) (officers may rely on third-party tips but must assess tip reliability)
- Commonwealth v. Arnold, 932 A.2d 143 (Pa. Super. 2007) (standard of review for suppression denial)