Commonwealth v. Garnes, D.
This text of Commonwealth v. Garnes, D. (Commonwealth v. Garnes, D.) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT
COMMONWEALTH OF PENNSYLVANIA, : No. 4 EAL 2024 : Respondent : : Petition for Allowance of Appeal : from the Unpublished v. : Memorandum and Order of the : Superior Court at No. 2125 EDA : 2022 entered on December 6, 2023, DEVON GARNES, : affirming the Judgment of Sentence : of the Philadelphia County Court of Petitioner : Common Pleas at No. CP-51-CR- : 0001301-2021 entered on July 21, : 2022
ORDER
PER CURIAM
AND NOW, this 20th day of June, 2024, the Petition for Allowance of Appeal is
GRANTED, the order of the Superior Court is VACATED, and the matter is REMANDED
to the Superior Court for reconsideration in light of this Court’s unanimous conclusion in
Commonwealth v. Jackson, 302 A.3d 737 (Pa. 2023) (per curiam), that investigative
detentions effectuated pursuant to Terry v. Ohio, 392 U.S. 1 (1968), constitutionally are
limited to cases in which the totality of the circumstances demonstrate a particularized
and objective basis for an officer reasonably “to suspect that the individual detained was,
or was about to be, engaged in criminal activity,” and are not available solely to identify
victims of, or witnesses to, criminal acts. See Jackson, 302 A.3d at 750, 754 (OISA,
Brobson, J.); 761 (OISR, Donohue, J.); 762-63 (OISR, Dougherty, J.); and 771-72 (OISR,
Wecht, J.).
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