Commonwealth v. W.B.

Philadelphia police received a radio call for a person with a gun on the 6100 block of Passyunk Ave. Upon their arrival at the location, officers observed W.B. in a car that fit the exact description of the car that the 911 caller said the person was in. Police ordered W.B. out of the car and conducted a pat-down, or protective frisk, of W.B. During that frisk the officer felt something she believed to be narcotics, went into W.B.`s pocket, and recovered over 15 grams of crystal meth. The defense filed a motion to suppress evidence, and argued that the police lacked reasonable suspicion and/or probable cause to investigate/ detain W.B. on the basis that the radio call originated from an anonymous 911 call, and that the officer had no justification to order W.B. out of the car to perform a pat down. The Judge agreed with the defense arguments and sup[pressed the drugs from evidence, causing the prosecutor to withdraw the charges.