48 Pa. D. & C.5th 162
Pennsylvania Court of Common P...2015Background
- Defendant charged with possession with intent to deliver and possession of a controlled substance.
- Investigative officers acted after a confidential source alleged Defendant sold crack at Daniel’s Bar.
- Bar is known for violence and drug activity.
- Source alleged Defendant had a pill bottle containing crack and sat on the fifth stool near a white female.
- Investigator Smith and three others went to the bar to locate Defendant.
- Defendant was patted down; a pill bottle in his pocket contained forty bags of crack cocaine.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the pat-down was lawful under Terry and related precedents. | Commonwealth argued the stop and frisk were justified. | Godbolt argued the pat-down was unlawful and the evidence must be suppressed. | GRANTED; suppression of all evidence. |
Key Cases Cited
- Commonwealth v. Hudson, 92 A.3d 1235 (Pa. Super. 2014) (Fourth Amendment protections in PA)
- Commonwealth v. Simmons, 17 A.3d 399 (Pa. Super. 2011) (totality of circumstances; burden on Commonwealth)
- Commonwealth v. E.M., 735 A.2d 654 (Pa. 1999) (reasonable suspicion for pat-downs when armed and dangerous)
- Commonwealth v. Wilson, 927 A.2d 279 (Pa. Super. 2007) (totality of circumstances in Terry stop)
- Commonwealth v. Guillespie, 745 A.2d 654 (Pa. Super. 2000) (plain feel doctrine; contraband immediately apparent)
- Commonwealth v. Stevenson, 744 A.2d 1261 (Pa. Super. 2000) (pill bottle not inherently contraband)
- Terry v. Ohio, 392 U.S. 1 (1968) (stop and frisk framework)
- U.S. v. Cortez, 449 U.S. 411 (1981) (totality of circumstances standard)