Commonwealth v. D.H.

Philadelphia Highway officers were on patrol in the area of 3100 Park Avenue when they observed D.H. in the drivers seat of a car with illegally tinted windows parked illegally in front of a fire hydrant.When the officers activated their lights to conduct a traffic stop, they claimed that D.H. began reaching around his car and rolled up his windows, making them fear for the safety. When police approached the car, D.H. got out and became “hostile” with the officers. Fearing for their safety, police conducted a “protective sweep” of the car to determine if any weapons were inside and recovered a firearm from the center console. The defensed filed a motion top suppress evidence and argued that the police violated D.H.’s constitutional rights by stopping him without probable cause. Specifically, the defense argued that the police could not conduct a traffic stop for illegal tint where the car was not being driven As for the parking violation, the defense cited numerous statutes and caselaw to establish that police were not permitted to conduct a “traffic stop” and were only allowed to hand D.H. a parking citation or to affix it to his windshield. A judge agreed and suppressed the gun from evidence. The Commonwealth was unable to proceed to trial on the illegal gun charge.