Commonwealth v. R.H.

Police initiated a car stop on the 2100 block of S.6600 St. R.H. was the driver and only occupant. Upon approach the officers noted that he was “visibly nervous” and that his hands were shaking. The officers got his valid license, registration and insurance and ran all of his information. While in their patrol car the officers decided they would ask him to step out of his vehicle to “gauge his reaction.” They re-engaged R.H. and told him to step out, which he refused multiple times. During this encounter, officers allegedly observed a firearm on his waistband, and they knew he was ineligible to possess a gun. They ended up breaking the passenger window, dragged R.H. out of the car, recovered the gun and arrested him. The entire traffic stop was captured on police body camera. The defense filed a motion to suppress and argued that the police extended the lawful traffic stop without reasonable suspicion that R.H. was armed and dangerous or otherwise engaged in criminal activity. a Judge agreed and granted the motion. All charges were subsequently dismissed and R.H was released from custody.