Commonwealth v. Griffin
116 A.3d 1139
| Pa. Super. Ct. | 2015Background
- Griffin appeals the April 17, 2014 judgment of sentence in Allegheny County, after a suppression ruling denying his motion to suppress evidence seized during a Terry frisk.
- Police stopped the vehicle for an inoperable rear brake light; dash-cam captured suspect actions during the stop.
- Appellant, a passenger, stepped from the vehicle; officer suspected him of being armed and performed a Terry frisk.
- During the frisk, the officer felt a large baggie and believed it contained narcotics, then manipulated the pocket to inspect further.
- A second officer conducted a pat-down of the immediate area and recovered 38 knotted baggie corners of powder cocaine plus a firearm from the vehicle.
- Trial court denied the suppression motion; Griffin was found guilty of simple possession and sentenced; on appeal, the video evidence contradicted the trial court’s findings and the suppression ruling was reversed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Terry frisk violated scope and the plain feel doctrine. | Griffin argues the frisk extended beyond permissible scope. | Commonwealth asserts permissible Terry frisk justified by safety. | Yes; the frisk exceeded limits; suppression reversed. |
Key Cases Cited
- Commonwealth v. Johnson, 33 A.3d 122 (Pa. Super. 2011) (review of suppression findings; record-supported conclusions essential)
- Minnesota v. Dickerson, 508 U.S. 366 (U.S. 1993) (plain feel requires immediate apparency of contraband)
- Commonwealth v. Graham, 721 A.2d 1075 (Pa. 1998) (manipulation after initial impression outside Terry scope)
- Commonwealth v. Zhahir, 751 A.2d 1153 (Pa. 2000) (objective reasonableness governs perceived contraband)
- Commonwealth v. Stevenson, 744 A.2d 1261 (Pa. 2000) (limitations on Terry searches for weapons; protecting officer safety)