Com. v. Jones, K.
1695 EDA 2016
Pa. Super. Ct.Sep 15, 2017Background
- On Aug. 14, 2015, police received a radio report of “a person with a gun” and a possible shooting on the 5500 block of Larchwood Ave.; officers later broadcast a “founded shooting” after finding a shot victim.
- A subsequent flash broadcast identified three possible suspects by race and clothing (three Black males, with identifiable shirt/hat colors).
- Officer Malik observed four men about a block from the shooting minutes later who matched the flash; he ordered them to put their hands up and asked about weapons.
- Appellant Kyle Jones (a Black male wearing a black t‑shirt) admitted he had a gun in his pants; officers handcuffed him and recovered a firearm from his pocket.
- Jones moved to suppress the gun, arguing the investigative detention lacked reasonable suspicion because it relied solely on an anonymous tip or an uncorroborated, vague description; the trial court denied suppression, convicted him of carrying a firearm without a license, and sentenced him to probation.
Issues
| Issue | Plaintiff's Argument (Commonwealth) | Defendant's Argument (Jones) | Held |
|---|---|---|---|
| Whether the Terry stop/detention was supported by reasonable suspicion | Officers had reasonable suspicion based on: (1) a report of a shooting at the location, (2) a founded shooting (victim and shell casings), (3) a recent descriptive flash, and (4) proximity in time/place and matching clothing | Stop was based solely on an anonymous, vague description; anonymous-tip-only stops are insufficient for reasonable suspicion | The court affirmed: totality of circumstances (founded shooting, timely descriptive flash, close proximity in time/location, and matching description) provided reasonable suspicion for the detention |
Key Cases Cited
- Commonwealth v. Jones, 988 A.2d 649 (Pa. 2010) (standard of review for suppression denials)
- Commonwealth v. Ayala, 791 A.2d 1202 (Pa. Super. 2002) (Terry-stop reasonable-suspicion framework)
- Commonwealth v. Zhahir, 751 A.2d 1153 (Pa. 2000) (objective reasonable-caution inquiry under Terry)
- Commonwealth v. Melendez, 676 A.2d 226 (Pa. 1996) (reasonable suspicion requirement for investigative stops)
- Commonwealth v. Cook, 735 A.2d 673 (Pa. 1999) (Fourth Amendment and state constitution analysis identical for Terry stops)
- Commonwealth v. Jackson, 698 A.2d 571 (Pa. 1997) (greater reliability attaches to tips from known informants; anonymous tips require corroboration)
- Commonwealth v. Hawkins, 692 A.2d 1068 (Pa. 1997) (anonymous-tip-only stops are insufficient without corroboration)
- United States v. Cortez, 449 U.S. 411 (U.S. 1981) (totality-of-the-circumstances test for reasonable suspicion)
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (police may briefly detain based on reasonable, articulable suspicion)
- Alabama v. White, 496 U.S. 325 (U.S. 1990) (anonymous tip may justify stop if corroborated by police work)