Sep 2

Commonwealth v. R.C.

Commonwealth v. R.C.

Pennsylvania State Parole agents received text messages informing them that R.C. was in possession of a firearm and had threatened another individual with it. Agents were also made aware that that person had filed a protection from abuse (PFA) order against R.C. Agents directed R.C. to report to their office where he was detained and searched. A key fob to a car was recovered. He was then questioned about how he had arrived at the office and R.C. denied driving there, despite the fact that other agents observed him arrive in a black Nissan. Agents used the key fob to open the car and observed a firearm in plain view. The defense filed a motion to suppress evidence, arguing that the parole agents lacked the authority to search R.C. or his vehicle because they could not ascertain the identity of the person who tipped them off regarding him possessing a firearm. A judge agreed and granted the motion, precluding the D.A. using the firearm at trial. This case has been appealed by the Commonwealth and is currently under review in the Superior Court.

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