Com. v. Williamson, K.
2687 EDA 2015
| Pa. Super. Ct. | Dec 7, 2017Background
- On Nov. 21, 2013, Officer Berkery observed Karl Williamson driving a black Lincoln Navigator with very dark window tint; officer could see a figure but not identify the driver.
- Officers approached; Berkery’s partner knocked on the driver’s window and twice requested the driver roll it down; Williamson instead pulled out of the parking spot and fled at high speed.
- Police pursued with lights and siren for about three blocks; Williamson exited the vehicle and ran, discarding a small black bag onto the highway while fleeing.
- Officers chased and ultimately captured Williamson after tasing him; the discarded bag contained cocaine/heroin; additional narcotics and packaging materials were recovered from the vehicle and from Williamson during a search incident to arrest.
- Williamson was found guilty after a stipulated bench trial of possession with intent to deliver, possession, possession of paraphernalia, and fleeing/eluding; he challenged denial of his motion to suppress the stop and pursuit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether police had reasonable suspicion to stop vehicle | Commonwealth: Officer observed heavy tint, could only see a shadowy figure; flight and location supported suspicion | Williamson: Seeing a figure inside defeats a §4524(e)(1) tint violation; once officers were within 5 feet any suspicion dissipated; later photos show only rear windows tinted | Court: Reasonable suspicion existed based on heavy tint (as credibly observed), unprovoked flight, and totality of circumstances; suppression denied |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (1968) (establishes standard for stops and frisks: reasonable suspicion required)
- United States v. Cortez, 449 U.S. 411 (1981) (totality of circumstances governs reasonable suspicion inquiry)
- Illinois v. Wardlow, 528 U.S. 119 (2000) (headlong flight is a pertinent factor supporting reasonable suspicion)
- Commonwealth v. Chase, 960 A.2d 108 (Pa. 2008) (reasonable suspicion assessed objectively; officers may rely on reasonable mistakes)
- Commonwealth v. Holmes, 14 A.3d 89 (Pa. 2011) (police may stop a vehicle when they have reasonable suspicion of a Motor Vehicle Code violation)
- Commonwealth v. Mason, 130 A.3d 148 (Pa. Super. 2015) (standard of review for suppression rulings)