Commonwealth v. Mason
130 A.3d 148
| Pa. Super. Ct. | 2015Background
- On May 26, 2013, Pittsburgh officers on foot patrol observed the butt of a semi-automatic firearm through the window of a parked red Chrysler in a high-crime, open-air drug area.
- Officers followed the vehicle after it left; another officer initiated a traffic stop for unsafe parking/movement.
- The defendant (a passenger) fled the vehicle when lights were activated, ran with his hands near his waistband, ducked between houses, and shortly after a shot was heard; he emerged claiming “You shot me.”
- A thermal imaging camera located a recently fired handgun; gunshot residue was found on the defendant’s clothing.
- Defendant was charged with, and convicted of, persons not to possess firearms, carrying a firearm without a license, and possession/distribution of marijuana; he was acquitted of reckless endangerment and escape.
- Defendant’s motion to suppress (arguing the stop lacked reasonable suspicion/probable cause because no Motor Vehicle Code violation was shown) was denied; Superior Court affirmed the denial and the judgment of sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop and resulting seizure should have been suppressed for lack of reasonable suspicion/probable cause | Commonwealth: officers had articulable suspicion to stop because they observed a firearm in the vehicle in a high-crime area, supporting an investigatory stop | Mason: no observed Motor Vehicle Code violation justified the stop; observation of a gun in an unoccupied car did not alone justify detention of a passenger | Court: Denied suppression; observation of a firearm in the vehicle in a high-crime area gave reasonable suspicion to stop and investigate under Terry and Pennsylvania precedent |
Key Cases Cited
- Navarette v. California, 134 S. Ct. 1683 (2014) (reasonable-suspicion Terry analysis uses totality of the circumstances)
- United States v. Sokolow, 490 U.S. 1 (1989) (officer must articulate more than an unparticularized suspicion)
- Terry v. Ohio, 392 U.S. 1 (1968) (approves brief investigative stops on reasonable suspicion)
- Commonwealth v. Robinson, 600 A.2d 957 (Pa. Super. 1991) (possession of a concealed firearm in public gives reasonable suspicion to detain to investigate licensing)
- Commonwealth v. Jones, 121 A.3d 524 (Pa. Super. 2015) (standard of review for denial of suppression motions)
- Commonwealth v. Carter, 105 A.3d 765 (Pa. Super. 2014) (framework for Terry and limited searches when person may be armed)
- Commonwealth v. Williams, 73 A.3d 609 (Pa. Super. 2013) (distinguishes encounter levels: mere encounter, investigative detention, custodial arrest)
- Adams v. Williams, 407 U.S. 143 (1972) (Terry analysis requires inquiry into objective basis for seizure)
- Florida v. Royer, 460 U.S. 491 (1983) (discusses limits of Terry and probable-cause requirement)
- United States v. Place, 462 U.S. 696 (1983) (limited searches/pat-downs permissible when officer reasonably suspects person is armed)