Commonwealth v. Astillero
39 A.3d 353
| Pa. Super. Ct. | 2012Background
- Commonwealth appealed a suppression order granting Astillero's motion to suppress a firearm retrieved after a Terry stop.
- suppression hearing occurred Feb. 2, 2010; Officers Wheeler and Czapore testified about narcotics surveillance on Front and Clearfield Streets in Philadelphia.
- Wheeler described three transactions involving an unidentified male; Astillero was present and acted as look-out, alerting accomplice to approaching police.
- Czapore stopped Astillero and another male based on Wheeler's information; Astillero struggled, a firearm was recovered, and he was tasered; Astillero testified he complied with commands.
- The suppression court granted suppression, concluding the stop lacked reasonable suspicion; Commonwealth sought remand for factual findings, but the appellate court did not remand and reversed.
- Appellate court held the police had more than enough reasonable suspicion under the Thompson factors to justify an investigative detention; case remanded for trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop was supported by reasonable suspicion | Astillero argues no reasonable suspicion to detain. | Astillero contends evidence shows lack of suspicion. | Yes; police had reasonable suspicion, so detention was valid. |
| Whether remand for findings of fact was necessary | Commonwealth seeks remand to clarify credibility findings. | Astillero argues no remand needed given the record. | Not required; record supports the ruling. |
| Whether the gun evidence should be suppressed as fruit of an unlawful stop | Gun was seized during a lawful stop; admissible. | Gun should be suppressed if stop unlawful. | Admissible; suppression reversed. |
Key Cases Cited
- Commonwealth v. Millner, 585 Pa. 237 (2005) (recognizes standard of review for suppression orders)
- Commonwealth v. Matos, 543 Pa. 449 (1996) (evidence abandoned during unlawful detention may be suppressed)
- Commonwealth v. Thompson, 604 Pa. 198 (2009) (criteria for probable cause in drug transactions; Thompson factors)
- Commonwealth v. Lawson, 454 Pa. 23 (1973) (nuanced factors guiding reasonable suspicion analysis)
- Commonwealth v. Pakacki, 587 Pa. 511 (2006) (three-tier framework: encounter, detention, arrest; reasonable suspicion required for detention)