Com. v. Macon, E.
1474 WDA 2016
| Pa. Super. Ct. | Nov 16, 2017Background
- At 4:30 a.m., police received a dispatch that two African‑American males with backpacks were breaking into cars on Quincy Avenue. Officers found two similarly described men with backpacks two blocks away on Transverse Street about ten minutes later.
- Officers detained and questioned both men after they gave conflicting stories, could not provide an address for their destination, and appeared nervous and eager to flee.
- Officer Griser searched the companion’s backpack and found a prescription bottle and social security cards belonging to others.
- Sergeant Lockhart patted down the defendant’s backpack for officer safety and recovered a handgun that was unlicensed and later determined to be stolen.
- Defendant Elijah Macon was convicted of receiving stolen property (RSP) and carrying an unlicensed firearm; he appealed the denial of his suppression motion and the sufficiency of the evidence for RSP.
Issues
| Issue | Plaintiff's Argument (Commonwealth) | Defendant's Argument (Macon) | Held |
|---|---|---|---|
| 1. Whether the pat‑down search of Macon’s backpack was lawful | Search was a lawful Terry safety pat‑down supported by reasonable suspicion of criminal activity and danger. | Pat‑down/search of backpack was unlawful; evidence should be suppressed. | Denial of suppression affirmed: facts supported reasonable suspicion and safety pat‑down. |
| 2. Whether evidence was sufficient to convict Macon of receiving stolen property | Circumstantial evidence (possession of stolen gun, evasive behavior, cohort’s stolen items, lack of license) proved knowledge the gun was probably stolen. | Evidence insufficient to show Macon knew/believed the gun was stolen. | Conviction for RSP affirmed: evidence supported knowing possession of stolen property. |
Key Cases Cited
- Commonwealth v. Guess, 53 A.3d 895 (Pa. Super. 2012) (Terry‑style investigatory detention and safety pat‑down upheld where suspects matched description, were near crime scene, appeared nervous, and gave evasive responses)
- Terry v. Ohio, 392 U.S. 1 (1968) (officer may conduct limited protective pat‑down if reasonable suspicion that person is armed and dangerous)
- Commonwealth v. Robinson, 128 A.3d 261 (Pa. Super. 2015) (elements of receiving stolen property defined)
- Commonwealth v. Fitzpatrick, 159 A.3d 562 (Pa. Super. 2017) (standard for reviewing sufficiency of evidence)
- Commonwealth v. Giron, 155 A.3d 635 (Pa. Super. 2017) (standard of review for sufficiency challenges)