Commonwealth v. M.I.

Officers were on patrol at 2200 S. 69th Street when they observed M.I. walking south. After M.I. made eye contact with the officers he allegedly “turned abruptly and began walking northbound into a business at 6900 Woodland Ave., while blading the right side of his body from police.” Police followed him into the business and activated their body cameras. They claimed that without saying anything to him, on his own M.I. raised his hands. When he did so police said they could see the handle of a firearm on his waistband. M.I. tried to walk away from the officers but he was stopped and patted down. They recovered a loaded firearm with an extended magazine. M.I. rejected the Commonwealth’s “offer” to plead guilty in exchange for a sentence of 5-10 years and filed a motion to suppress evidence, arguing that police lacked reasonable suspicion or probable cause that M.I. was committing a crime. After a hearing, in which the officers were cross-examined extensively, a judge agreed and granted the motion. All charges will be dismissed.