Commonwealth v. N.B.

Police officers responded to 4200 Teesdale Street for a radio call for a person with a gun. The call provided a description of an individual who was allegedly following a woman through an alley with a gun. When police arrived, they saw N.B. matching the description in the radio call, but no female. Police claimed they simply drove up next to N.B. and asked him what was going on, and whether he heard any gunshots. At this point, N.B. allegedly fled before police got out of their cars and police gave pursuit. Before being apprehended, N.B. allegedly discarded a gun he was not permitted to have due to a prior conviction, which was recovered from there street. The law permits police to chase after an individual who flees from them unprovoked, and in a high crime area. If during the pursuit police recover evidence that is discarded by the suspected or off of his person, the evidence is lawfully seized. However, in this case the defense filed a motion to suppress evidence and challenged the credibility of the police officers as to their version of events and argued that N.B.’s constitutional rights were violated in a myriad of ways during this “encounter.” A judge agreed with the defense arguments and found that N.B.’s fight was “provoked” by unlawful police conduct and the motion to suppress was granted. All charges are dismissed.