Com. v. McPherson, D.
1446 EDA 2015
| Pa. Super. Ct. | Oct 5, 2016Background
- On Sept. 29, 2014, police received radio calls reporting two Black males with a gun near Frankford Ave and Orleans St; descriptions included a tall male in a white shirt and blue jeans.
- Sgt. David Armstrong, responding in a high-crime area, saw a bystander point toward Frankford/Bellmore and shortly thereafter encountered Darien McPherson (~6'6") wearing a white T-shirt and blue jeans walking on Bellmore.
- Armstrong exited his cruiser, grabbed McPherson by his rear belt area, and then observed the butt of a handgun protruding from McPherson’s rear pocket.
- Officers arrested McPherson; a gun, a packet of heroin, and a packet of cocaine were seized. McPherson was later cleared as a suspect in the reported robberies.
- The trial court granted McPherson’s suppression motion, concluding the stop lacked reasonable suspicion because the officer relied only on anonymous radio calls and an unexplained pointing gesture that did not corroborate criminal activity.
- The Commonwealth appealed, arguing the radio “flash” and bystander indication supplied sufficient corroboration to justify an investigative detention.
Issues
| Issue | Plaintiff's Argument (Commonwealth) | Defendant's Argument (McPherson) | Held |
|---|---|---|---|
| Whether officers had reasonable suspicion to conduct an investigatory stop of McPherson | Radio broadcasts (flash) reporting a robbery in progress plus McPherson’s match to the description, proximity in time/location, high-crime area, and a bystander pointing supplied reasonable suspicion | Calls were anonymous; matching a generic description and location alone are insufficient; bystander pointing was speculative and did not corroborate criminal activity | Held: No. The stop lacked reasonable suspicion; suppression affirmed |
| Whether an on-scene officer’s “additional flash” rendered the tip reliable (distinguishing anonymous-tip cases) | The sergeant testified an officer at the scene put out an additional flash, which enhanced reliability beyond an anonymous tip | Record lacks evidence the sergeant knew the source or relied on that flash; the record does not establish the flash preceded or supported the stop | Held: The record does not show the sergeant had source-identified information; court treated the tips as anonymous |
| Whether the bystander’s pointing provided independent corroboration | The pointing by a bystander directing police toward Frankford strengthened the tip and helped locate the suspect | The pointing was general, not directed at McPherson, and did not indicate the bystander observed criminal conduct; thus it did not corroborate the anonymous tips | Held: Pointing was de minimis and insufficient to corroborate the anonymous calls |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (Terry stop standard for investigatory detentions)
- Navarette v. California, 134 S. Ct. 1683 (2014) (911 calls may carry indicia of reliability supporting reasonable suspicion in some circumstances)
- Commonwealth v. C. Jackson, 698 A.2d 571 (Pa. 1997) (anonymous radio tip alone insufficient to justify stop absent independent corroboration)
- Commonwealth v. Hawkins, 692 A.2d 1068 (Pa. 1997) (no gun exception to Terry; anonymous tip requires independent corroboration)
- Florida v. J.L., 529 U.S. 266 (2000) (anonymous tip of a person carrying a gun, without corroboration, does not justify stop and frisk)
- Commonwealth v. M. Jackson, 678 A.2d 798 (Pa. Super. 1996) (matching a description near crime scene shortly after call can support reasonable suspicion under particular facts)