Commonwealth v. McCoy
154 A.3d 813
| Pa. Super. Ct. | 2017Background
- On Jan. 24, 2014, Officers Robbins and Vandermay (in a marked police car, patrolling a designated high-crime area at ~10:40 p.m.) observed Gary McCoy emerge from an unlit alley and walk along the street.
- Officer Robbins opened her car door as McCoy made eye contact, paused, then began running before Robbins exited or made any verbal contact.
- During the chase, Robbins saw McCoy toss a silver .22 revolver into the bed of a parked Mazda pickup; Robbins retrieved the loaded gun from the truck bed.
- McCoy was later apprehended and charged under 18 Pa.C.S. § 6105 (persons not to possess firearms).
- Pretrial, McCoy moved to suppress the firearm as the product of an illegal seizure and coerced abandonment; the trial court denied suppression.
- McCoy appealed, arguing he was seized without reasonable suspicion before he fled and discarded the gun, which, under Matos, requires suppression of coerced abandonment.
Issues
| Issue | Plaintiff's Argument (McCoy) | Defendant's Argument (Commonwealth) | Held |
|---|---|---|---|
| Whether police seized McCoy before he fled, making abandonment coerced and requiring suppression | McCoy says the marked car stopped next to him and an officer began to exit, so a stop (seizure) occurred without reasonable suspicion; therefore his flight and the discarded gun were the product of an illegal seizure | Commonwealth says there was only a mere encounter — no contact or commands — and McCoy fled before officers made contact; unprovoked flight in a high‑crime area gave reasonable suspicion to pursue and recover contraband | Court held no unlawful seizure occurred; encounter was mere encounter, flight provided reasonable suspicion, and the gun was admissible (denial of suppression affirmed) |
Key Cases Cited
- Commonwealth v. Williams, 941 A.2d 14 (Pa. Super. 2008) (standard/scope of appellate review of suppression rulings)
- In the Interest of L.J., 79 A.3d 1073 (Pa. 2013) (scope of review limited to suppression-hearing evidence)
- In the Interest of D.M., 781 A.2d 1161 (Pa. 2001) (police may approach in public without suspicion; unprovoked flight in high‑crime area can create reasonable suspicion)
- Commonwealth v. Matos, 672 A.2d 769 (Pa. 1996) (contraband discarded after unlawful seizure may be deemed coerced abandonment and suppressed)
- Commonwealth v. Cook, 735 A.2d 673 (Pa. 1999) (where reasonable suspicion exists, police may lawfully recover contraband abandoned during flight)
- Commonwealth v. Lyles, 97 A.3d 298 (Pa. 2014) (distinguishing mere encounters from seizures; mere approach/questioning does not constitute a seizure)