Commonwealth of PA v. D.T.

Police responded to a radio call for a person with a gun at 3300 Mutter Street. Upon their arrival at that location within minutes of the call, police observed D.T. matching the clothing description given. After police got out of the car to investigate, D.T. allegedly fled from the officers and discarded a gun. D.T. was apprehended and the gun was recovered. The defense filed a motion to suppress, arguing that the police did not have reasonable suspicion to stop D.T. for a gun offense, and that the gun was “forcibly abandoned” because of illegal police conduct. The DA argued that no stop had occurred, and that D.T.’s flight was unprovoked. The judge sided with the defense and ordered the gun suppressed from evidence, which will bar the Commonwealth from proceeding to trial. If convicted, sentencing guidelines would have called for a 5-10 year jail sentence.