Commonwealth v. K.W.

Police observed K.W. in the rear alley of 6100 Lawrence Street sitting on an ATV with the engine revving loudly. They claim to have pulled up to within 3 feet of the quad when K.W. attempted to push it backward, then drove it directly in to the officers’ car in an attempt to flee. He fled on foot and discarded a satchel that contained a firearm before he was eventually apprehended by police. The defense filed a motion to suppress, arguing that police did not have reasonable suspicion or probable cause to believe that K.W. was committing any crime at the point the officers attempted to stop him and that therefore the gun he discarded was “forcibly abandoned” by K.W. as a result of illegal police action. At the motion, the defense played body camera footage, disputing the officers’ testimony in several key aspects, and showed that the ATV was never on public property and therefore not illegal. A judge agreed, granting the defense motion to suppress the gun from evidence and dismissing all charges.