Commonwealth v. MacKey
177 A.3d 221
| Pa. Super. Ct. | 2017Background
- Mackey was convicted of persons not to possess a firearm, carrying a firearm without a license, and carrying a firearm on public streets; suppression motion denied.
- Officer O’Shaughnessy responded to an anonymous tip describing a black male, pink-flowered hat, white T-shirt, on a specific bus (Route 3) headed east on Cecil B. Moore Avenue.
- Upon boarding within minutes of the tip, the officer drew his weapon and ordered Mackey to show his hands; Mackey complied and was detained.
- A frisk revealed a loaded firearm in Mackey’s waistband; the gun was seized and later the subject proceeded to trial on stipulated facts.
- The trial court relied on the tip, Mackey’s response to the weapon, and his ‘waddling’ to justify detention; the appellate court is asked to determine if reasonable suspicion existed prior to detention.
- The Pennsylvania Superior Court ultimately reversed, holding that the anonymous tip alone did not establish reasonable suspicion; the gun should have been suppressed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Mackey illegally detained lacking reasonable suspicion? | Mackey argues the tip alone could not justify detention. | Commonwealth contends totality of circumstances supported suspicion. | No, lacking reasonable suspicion; suppression reversed. |
| Was the frisk of Mackey constitutionally infirm? | Frisk was improper because there was no reasonable suspicion at detention. | Frisk justified by reasonable suspicion due to tip and behavior. | Frisk not to be addressed on the merits since detention lacked reasonable suspicion. |
Key Cases Cited
- Commonwealth v. Jones, 988 A.2d 649 (Pa. 2010) (limits plenary review on suppression to record)
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (establishes reasonable suspicion standard for detentions)
- Florida v. J.L., 529 U.S. 266 (U.S. 2000) (anonymous tip cannot alone justify stop without reliability)
- Commonwealth v. Jackson, 698 A.2d 571 (Pa. 1997) (anonymous tip requires corroboration; no gun exception)
- Commonwealth v. White, 496 U.S. 325 (U.S. 1990) (reliability of tip depends on indicia and corroboration)
- Commonwealth v. Hawkins, 692 A.2d 1070 (Pa. 1997) (limits anonymous tips without corroboration)
- Commonwealth v. Riley, 715 A.2d 1131 (Pa. Super. 1998) (seizure timing and stop analysis)
- Commonwealth v. DeHart, 745 A.2d 633 (Pa. Super. 2000) (three levels of police-citizen encounters; mere encounter vs detention)
- Commonwealth v. Strickler, 757 A.2d 884 (Pa. Super. 2000) (totality-of-circumstances approach to seizures)
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (foundational framework for stop-and-frisk)