Com. v. McIver, W.
1118 WDA 2023
| Pa. Super. Ct. | Apr 14, 2025Background
- William Edward McIver, Jr. was convicted after a bench trial in Allegheny County for various drug and firearm offenses following a 2022 traffic stop.
- Police stopped McIver's car for excessive window tint, observed suspected narcotics in plain view when he opened the center console, and arrested him.
- After a warranted search, police found a firearm and marijuana in the vehicle; McIver was charged with possession with intent to deliver (PWID), possession of a controlled substance, being a person not to possess a firearm, carrying a firearm without a license, possession of marijuana, and improper sun screening.
- McIver moved to suppress the seized evidence, arguing the plain view doctrine did not apply and the warrant was based on an illegal search; this was denied.
- On appeal, McIver challenged: (1) denial of his suppression motion under Alexander, and (2) the constitutionality of 18 Pa.C.S.A. § 6105 under recent Second Amendment precedent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Suppression under plain view doctrine | Police lacked lawful right of access and exigency; evidence tainted search | Plain view doctrine justified seizure; law cited supports search and seizure | Suppression denied; plain view doctrine applied; precedent supports police action |
| Constitutionality of 18 Pa.C.S.A. § 6105 | Section 6105 facially unconstitutional under new Second Amendment caselaw | Section is constitutional per recent PA Supreme Court interpretations | Facial challenge fails; precedent and SCOTUS cases uphold felon-in-possession laws |
| As-applied challenge to § 6105 | McIver's non-violent prior conviction doesn't justify gun possession ban | McIver's full criminal history not clear in record; violent felons can be barred | Remanded to supplement record and determine if ban is constitutional as applied to McIver |
Key Cases Cited
- Commonwealth v. Alexander, 243 A.3d 177 (Pa. 2020) (requires both probable cause and exigency for warrantless vehicle searches in PA)
- Commonwealth v. Jones, 988 A.2d 649 (Pa. 2010) (plain view doctrine requirements in PA)
- District of Columbia v. Heller, 554 U.S. 570 (2008) (Second Amendment protects law-abiding citizens’ firearm rights, but allows felon prohibitions)
- New York State Rifle & Pistol Ass'n, Inc. v. Bruen, 142 S. Ct. 2111 (2022) (Second Amendment rights evaluation under text and historical tradition)
- United States v. Rahimi, 144 S. Ct. 1891 (2024) (upholds restrictions on gun possession for individuals posing safety threats under Second Amendment)