Commonwealth v. D.B.

Police responded to a radio call at 12:55 AM for a hispanic male with long hair wearing a hoody armed with a gun and firing shots into the air from a silver Toyota 4Runner. Officer arrived within minutes and observed D.B., matching the description provided, in a 4Runner on the corner blocking the crosswalk. Police approached with guns drawn and ordered him out of the car, Officers then recovered a loaded firearm he had been sitting on in the driver’s seat. Everything was captured on body camera. The defense filed a motion to suppress evidence and successfully argued that because the information provided to police was anonymous and there were no corroborating circumstances outside of the description provided, the police did not have reasonable suspicion to believe D.B. was involved in criminal activity and lacked probable cause to search the car. A judge granted the motion suppressing the gun from evidence and all charges were dismissed.