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In re DM

Pennsylvania Supreme Court

566 Pa. 445, 781 A.2d 1161 (2001)

Facts

A police officer received an anonymous tip that a Black male wearing blue jeans, a white T-shirt, and white sneakers was one block away and holding a gun. The officer went to the site and saw DM (defendant), a juvenile who matched the description. The officer called out to DM, but DM tried to flee. Another police officer stopped DM. The police then frisked DM and found a gun on him. DM moved to suppress the gun, arguing that the police officers had lacked reasonable suspicion to stop and frisk him. The trial court denied the motion, and DM was sentenced. On appeal, the Pennsylvania Supreme Court found that unprovoked flight was not relevant to a reasonable-suspicion determination and, therefore, that the officer lacked reasonable suspicion to stop DM. However, the United States Supreme Court then issued a new decision holding that unprovoked flight in a high-crime area created reasonable suspicion to stop and frisk a suspect. The United States Supreme Court remanded DM’s case to the Pennsylvania Supreme Court for additional review under the new caselaw.

Rule of Law

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Issue

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Holding and Reasoning (Cappy, J.)

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Dissent (Zappala, J.)

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