PA: Anonymous tip man on specific bus was armed was insufficient for stop and frisk of def

An anonymous tip that a man on a specific bus was carrying a gun was insufficient to stop and frisk the defendant. When the officer drew a gun on him he was detained, and his subsequent actions could not be used to justify the detention. Commonwealth v. Mackey, 2017 PA Super 403, 2017 Pa. Super. LEXIS 1072 (Dec. 20, 2017) (concur; dissent).

The officer had a CI’s tip about a black male in a white car going to a drug transaction. Defendant’s stop was based on overtinting and was justified. “After stopping defendant’s car, the officer reasonably concluded that criminal activity was afoot based on defendant’s refusal to exit the vehicle and his answers to the officer’s limited questions, which corroborated the CI’s tip; therefore, the officer properly detained defendant to permit a dog sniff of the car’s exterior.” Commonwealth v. Harris, 2017 PA Super 402, 2017 Pa. Super. LEXIS 1073 (Dec. 20, 2017).*

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