Com. v. Walker, M.
Com. v. Walker, M. No. 875 EDA 2015
| Pa. Super. Ct. | Jun 13, 2017Background
- Police narcotics officers observed Walker in a high-crime area engaging in a hand-to-hand transfer they believed to be a drug sale.
- Officer Morris stopped the patrol car and approached; Walker fled before any command to stop (suppression court credited this testimony).
- During a three-block chase Walker reached into his waistband and discarded a metal object; officers arrested him and recovered the discarded firearm from the ground.
- A search incident to arrest produced $429 and three small bags of marijuana (marijuana charge later nolle prossed).
- Walker moved to suppress the physical evidence, arguing the stop, chase, and search lacked reasonable suspicion/probable cause; the suppression court denied the motion.
- After a bench trial Walker was convicted of Uniform Firearms Act offenses and sentenced to six to twelve years; he appealed the denial of suppression.
Issues
| Issue | Walker's Argument | Commonwealth's Argument | Held |
|---|---|---|---|
| Whether evidence should be suppressed because the initial encounter, chase, and search lacked reasonable suspicion/probable cause | Officers lacked reasonable suspicion/probable cause; flight only occurred after being told to stop (per earlier hearing) | Officers observed suspected drug sale in a high-crime area, Walker fled unprovoked, officers had experience; discarded firearm and arrest supported search incident to arrest | Denial of suppression affirmed: officers had reasonable suspicion/probable cause; unprovoked flight in high-crime area and officers' observations justified investigatory stop and arrest; search incident to lawful arrest valid |
Key Cases Cited
- Commonwealth v. Jones, 988 A.2d 649 (Pa. 2010) (standard of review for suppression appeals; appellate review of factual findings and legal conclusions)
- In re J.G., 145 A.3d 1179 (Pa. Super. 2016) (distinguishing mere encounter, investigative detention, and custodial arrest)
- Commonwealth v. Lyles, 97 A.3d 298 (Pa. 2014) (approach to seizures and encounters in public)
- Commonwealth v. Thompson, 985 A.2d 928 (Pa. 2009) (officer experience relevant to probable cause assessment)
- In the Interest of D.M., 781 A.2d 1161 (Pa. 2001) (unprovoked flight in high-crime area can establish reasonable suspicion)
- Commonwealth v. Ingram, 814 A.2d 264 (Pa. 2002) (warrantless searches incident to lawful arrests are reasonable)