Com. v. Johnson, V.
Com. v. Johnson v. No. 3446 EDA 2015
| Pa. Super. Ct. | Aug 14, 2017Background
- Officer Marchetti responded to a report of a burglary in progress on the 6500 block of Linmore Avenue; dispatch described two black male suspects.
- While en route he observed a silver Chevy Malibu parked on that block with two occupants; he initially could not tell their sex.
- Marchetti, in uniform, backed his patrol car up to "block them in" and intended to investigate the occupants, who were not at the reported burglary address.
- Marchetti conceded he observed no crime being committed by the vehicle occupants at the time of the stop.
- The suppression court found the blocking was an investigative detention and concluded Marchetti lacked reasonable suspicion to justify the stop; the Commonwealth appealed. The dissenting memorandum would affirm the suppression court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officer had reasonable suspicion to effect an investigative detention by blocking in the parked car | Officer argued presence on same block near burglary report and two occupants justified investigation | Johnson argued mere presence in vicinity, without suspicious behavior or corroboration, does not support reasonable suspicion | Court (dissenting) concluded there was no reasonable suspicion; suppression court properly found the detention unjustified |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (establishes standard for investigatory stops—reasonable, articulable suspicion)
- In re M.D., 781 A.2d 192 (Pa. Super. 2001) (reasonable suspicion must be tied to observed suspicious behavior of the person stopped)
- Commonwealth v. Espada, 528 A.2d 968 (Pa. Super. 1987) (mere presence near recently reported crime or high-crime area insufficient for Terry stop)
- Commonwealth v. Ayala, 791 A.2d 1202 (Pa. Super. 2002) (officer needs independent corroboration or specific facts linking suspect to criminal activity)
- Commonwealth v. Hicks, 253 A.2d 276 (Pa. 1969) (discusses limits of investigatory detentions)
- Commonwealth v. Ranson, 103 A.3d 73 (Pa. Super. 2014) (survey of Terry-related standards)
- Commonwealth v. Taggart, 997 A.2d 1189 (Pa. Super. 2010) (reasonable suspicion requires articulable facts)
- Commonwealth v. Martinez, 588 A.2d 513 (Pa. Super. 1991) (legal framework for stops and searches)