Commonwealth v. Simmons
17 A.3d 399
| Pa. Super. Ct. | 2011Background
- Commonwealth appeals from a suppression order suppressing evidence from a protective frisk of Simmons.
- Vehicle stop was for a brake-light violation in a high crime area; Simmons was a passenger.
- Officer observed Simmons reach toward the floor and then across his chest prior to exiting the vehicle.
- Officer conducted a frisk after perceiving a potential weapon; bulge was found and narcotics were seized.
- Trial court granted suppression; appellate court reverses, holding furtive movements during a lawful stop can justify a Terry frisk.
- Court remands for further proceedings consistent with its opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the frisk was supported by reasonable suspicion | Commonwealth contends furtive movements during a lawful stop justified the frisk | Simmons contends no renewed suspicion after Reppert and the stop | Yes; frisk justified and suppression reversed |
Key Cases Cited
- Commonwealth v. Baer, 439 Pa.Super. 437 (1994) (Fourth Amendment applies; discretion in stops and searches)
- Commonwealth v. Reppert, 814 A.2d 1196 (Pa. Super. 2002) (Distinguishes pre-stop furtive movements and renewal of suspicion after stop)
- Terry v. Ohio, 392 U.S. 1 (1968) (Stop and frisk for weapons when danger is reasonably perceived)
- United States v. Cortez, 449 U.S. 411 (1981) (Totality of the circumstances standard for reasonable suspicion)
- Commonwealth v. Morris, 537 Pa. 417 (1994) (Furtive movements during traffic stop can justify frisk)
- In re O.J., 958 A.2d 561 (Pa. Super. 2008) (Roadside encounters; danger from weapons; applicability of Terry)
- Commonwealth v. Mack, 953 A.2d 587 (Pa. Super. 2008) (Furtive movements supporting protective frisk during stop)
- Commonwealth v. Parker, 957 A.2d 311 (Pa. Super. 2008) (Terry / totality of circumstances; frisk justified)
- Commonwealth v. Wilson, 927 A.2d 279 (Pa. Super. 2007) (Furtive movements as basis for frisk during stop)
- Commonwealth v. Sierra, 555 Pa. 170 (1999) (Renewed suspicion required after certain pre-stop movements)
- Katz v. United States, 389 U.S. 347 (1967) (Fourth Amendment protections; warrant exceptions)
- United States v. Long, 463 U.S. 1032 (1983) (Danger from weapons and reasonable suspicion)