Commonwealth v. Walton
63 A.3d 253
| Pa. Super. Ct. | 2013Background
- Appellant Frank Walton was convicted of possession of a controlled substance and possession with intent to deliver (PWID); the suppression motion was denied and the judgment of sentence entered.
- Police observed activity in the Tom & Jerry’s parking lot; officer Bridges observed a white male and female pacing, using cell phones, and appearing to engage in suspicious activity.
- Appellant pulled his white Toyota into the parking lot; officer approached after deeming a possible drug deal approaching and saw a baggie partially concealed in Appellant’s waistband.
- A second baggie and multiple baggies, plus Suboxone, were found during inventory/search; suppression hearing followed, and the trial court ruled there was reasonable suspicion and probable cause.
- On appeal, Walton challenged the stop as lacking reasonable suspicion or probable cause, contending that any post-stop observations should have been suppressed.
- The appellate court vacates the judgment and remands, holding that the stop was unlawful for lack of reasonable suspicion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was reasonable suspicion to detain Appellant before the stop | Walton contends no reasonable suspicion existed. | Commonwealth asserts totality of circumstances supported suspicion. | Stop unlawful; lack of reasonable suspicion; suppression appropriate |
| Whether the stop and ensuing seizure were unlawful and tainted the evidence | Walton argues post-stop observations must be suppressed due to illegality. | Commonwealth argues evidence flowed from a valid stop. | Suppression warranted; judgment vacated and case remanded |
Key Cases Cited
- Commonwealth v. Cauley, 10 A.3d 321 (Pa. Super. 2010) (standard for reviewing suppression rulings; factual findings binding)
- Commonwealth v. Boswell, 554 Pa. 275, 721 A.2d 336 (Pa. 1998) (distinguishes encounters, detentions, and arrests; reasonable suspicion framework)
- Commonwealth v. Kemp, 961 A.2d 1247 (Pa. Super. 2008) (totality of the circumstances for reasonable suspicion)
- Commonwealth v. Banks, 658 A.2d 752 (Pa. 1995) (observations without prima facie proof of drug activity may not justify stop)
- Commonwealth v. DeWitt, 608 A.2d 1030 (Pa. 1992) (no reasonable suspicion for stop in a parking lot without evidence)
- Commonwealth v. Hudson, 995 A.2d 1258 (Pa. Super. 2010) (police lacked reasonable suspicion to detain defendant)