Commonwealth v. McCoy

154 A.3d 813, 2017 Pa. Super. 20, 2017 WL 383486, 2017 Pa. Super. LEXIS 47
CourtSuperior Court of Pennsylvania
DecidedJanuary 27, 2017
DocketNo. 1496 EDA 2015
StatusPublished
Cited by46 cases

This text of 154 A.3d 813 (Commonwealth v. McCoy) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. McCoy, 154 A.3d 813, 2017 Pa. Super. 20, 2017 WL 383486, 2017 Pa. Super. LEXIS 47 (Pa. Ct. App. 2017).

Opinion

OPINION BY

OTT, J.:

Gary McCoy appeals from the judgment of sentence imposed on May 7, 2015, in the Court of Common Pleas of Philadelphia County. A jury convicted McCoy of persons not to possess firearms,1 and the trial court sentenced McCoy to a term of four to eight years’ incarceration, followed by two years! probation. Prior to trial, McCoy filed an omnibus motion, seeking to suppress “any and all physical evidence recovered by police as a result of an illegal stop.”2 Specifically, McCoy sought to suppress evidence of a firearm discarded during police pursuit. In this appeal, McCoy contends “the trial court err[ed] in denying [his] motion to suppress physical evidence, insofar as [he] was seized without reasonable suspicion that criminal activity was afoot or that he was armed and dangerous.” McCoy’s Brief at 3.3 Based upon the following, we affirm.

The trial court made the following findings at the suppression hearing:

On January 24, 2014, Officer [Kelly] Robbins driving as the recorder of the vehicle being operated by her partner, Officer [Donald] Vandermay, were operating on Rosehill Street when they noticed [McCoy], who appeared to come onto the street via an alley. Due to his suspicious behavior, Officer Robbins, in an- attempt to open up her door, saw [McCoy] flee, and she followed [McCoy]. Thereafter, she saw [McCoy] on Somerset Street throw a gun into a Mazda pickup truck. [McCoy] was subsequently apprehended. Officer Robbins testified she was working for an overtime detail, Mobile Field Force unit, that concentrates on high-crime areas and zones, specifically areas designated as high-crimes in shootings, VUFA arrests and armed robbery areas. Based on his behavior, she thought criminal activity could’ve been afoot, but he fled before she even had a chance to stop him or say anything to him.
I find that she had probable cause to pursue and reasonable suspicion to subsequently arrest.[4]

N.T., 12/18/2014, at 32-33.

At the outset, we state our standard and scope of review:

Our standard of review in addressing a challenge to a trial court’s denial of a suppression motion is limited to determining whether the factual findings are supported by the record and whether the legal conclusions drawn from those facts are correct.
[W]e may consider only the evidence of the prosecution and so much of the evidence for the defense as remains [816]*816uncontradicted when read in the context of the record as a whole. Where the record supports the findings of the suppression court, we are bound by those facts and may reverse only if the court erred in reaching its legal conclusions based upon the facts.
Commonwealth v. Williams, 2008 PA Super 6, 941 A.2d 14, 26-27 (Pa. Super. 2008) (en banc) (citations, quotations, and quotation marks omitted). Moreover, it is within the lower court’s province to pass on the credibility of witnesses and determine the weight to be given to their testimony. See Commonwealth v. Clemens, 2013 PA Super 85, 66 A.3d 373, 378 (Pa. Super. 2013).

Commonwealth v. Roberts, 133 A.3d 759, 771 (Pa. Super. 2016), appeal denied, 145 A.3d 725 (Pa. 2016). Furthermore, our Supreme Court in In the Interest of L.J., 622 Pa. 126, 79 A.3d 1073, 1085 (2013), clarified that the scope of review of orders granting or denying motions to suppress is limited to the evidence presented at the suppression hearing.

Our resolution of McCoy’s claim that he was “seized without reasonable suspicion” depends upon the nature of the encounter between police and McCoy.

There are three types of encounters between law enforcement officials and private citizens. A “mere encounter” need not be supported by any level of suspicion but carries no official compulsion to stop or respond. An “investigative detention” must be supported by reasonable suspicion and subjects the suspect to a stop and a period of detention, but it does not have the coercive conditions that would constitute an arrest. The courts determine whether reasonable suspicion exists by examining the totality of the circumstances. An arrest, or “custodial detention,” must be supported by probable cause.

In re J.G., 145 A.3d 1179, 1185 (Pa. Super. 2016) (citations omitted).

Here, McCoy argues, in part:

Appellant, Gary McCoy was walking out of an alley and down the street when a police car came creeping up beside him. It was 10:40 p.m. The patrol ear suddenly stopped, right beside Mr. McCoy, and the officer started to jump out, with the full intent to stop him as the officer testified that she believed him to be engaged in criminal activity. The only bases for that belief were that they were in a bad neighborhood, and that Mr. McCoy paused briefly when he noticed the police car creeping up the street towards him. At that moment, Mr. McCoy reasonably believed that he was not free to leave, as it was clear that the officer was not just going to let him continue on his way. Under Pennsylvania law, Mr. McCoy was seized by the officer at that moment. Insofar as the officer did not have reasonable suspicion to stop Mr. McCoy, the seizure was illegal, and therefore the handgun that was eventually recovered should have been suppressed.
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Under the Pennsylvania Constitution, when an officer’s initial seizure is not justified by reasonable suspicion nor probable cause, and a citizen subsequently flees and discards contraband, the “abandonment” of that contraband is deemed to be forced or coerced and the item in question must be suppressed. Commonwealth v. Matos, 543 Pa. 449, 672 A.2d 769 (1996).

McCoy’s Brief at 7, 9-10. Based on our review, we disagree with McCoy’s claim of trial court error. We And the record belies the version of facts set forth by McCoy in [817]*817his brief. Furthermore, we find McCoy’s argument fails under relevant case law.

At the suppression hearing, on direct examination, Officer Robbins testified that on January 24, 2014, at 10:40 p.m., she was “in full uniform in a marked RPC,”5 patrolling a “high-crime neighborhood”6 when she encountered McCoy. See N.T., 12/18/2014, at 5-8. She further testified:

At that time and date, my partner and I were traveling northbound on the 2800 block of Rosehill. We were probably about, I’d say, about halfway up the block when I observed [McCoy], ... He exited an alleyway on the right-hand side, which would’ve been the east side of the street. It was a dark alleyway. It was unlit. He exited the alleyway and started walking towards us, which would’ve been southbound on Rosehill Street.

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Cite This Page — Counsel Stack

Bluebook (online)
154 A.3d 813, 2017 Pa. Super. 20, 2017 WL 383486, 2017 Pa. Super. LEXIS 47, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-mccoy-pasuperct-2017.