Commonwealth v. Washington
51 A.3d 895
| Pa. Super. Ct. | 2012Background
- Washington appeals after conviction on multiple counts of possession with intent to deliver heroin and cocaine and a misdemeanor possession of marijuana; sentenced to 3–15 years.
- Suppression motion challenged the seizure as lacking reasonable suspicion; the court denied suppression.
- Suppression court relied on unprovoked flight in a high-crime area to justify a Terry stop and search.
- Key issue: the defendant fled before police arrival, and there was no evidence Washington knew he was fleeing from police.
- Court found the suppression court erred in not suppressing the evidence and vacated the judgment of sentence.
- Sentencing issue argued based on lack of notice for a mandatory minimum, but resolution on suppression renders it moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence was improperly admitted due to lack of reasonable suspicion. | Washington argues no reasonable suspicion existed. | Brown rationale requires knowledge of police pursuit; no nexus shown. | Suppression reversed; evidence improperly admitted. |
| Whether the sentence is illegal for lack of notice of a mandatory minimum. | Washington claims improper notice invalidating sentence. | Not addressed due to suppression; moot. | Moot; sentence vacated due to suppression reversal. |
Key Cases Cited
- Commonwealth v. Brown, 904 A.2d 925 (Pa. Super. 2006) (unprovoked flight in a high-crime area supports reasonable suspicion)
- Commonwealth v. Jefferson, 853 A.2d 404 (Pa. Super. 2004) (as part of D.M. II framework for reasonable suspicion)
- In the Interest of D.M., 781 A.2d 1161 (Pa. 2001) (remand context for D.M. II)
- Wardlow, 528 U.S. 119 (2000) (unprovoked flight in high-crime area supports reasonable suspicion)
- Commonwealth v. D.M. II, 781 A.2d 1161 (Pa. 2001) (relates to flight and reasonable suspicion framework)