Commonwealth v. Garnes, D.

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: Petition for Allowance of Appeal : from the Unpublished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.).