PA: Mere fact of being near a guy being arrested for drugs did not justify patdown

A Terry frisk of the defendant was not justified by any facts. It cannot be assumed that just because somebody is around somebody accused of a drug offense that the totality of circumstances should be replaced by that single fact. Commonwealth v. Grahame, 607 Pa. 389, 7 A.3d 810 (2010), revg Commonwealth v. Grahame, 2008 PA Super 73, 947 A.2d 762 (2008):

By her own admission, Officer Russell conducted a protective search of Appellant’s purse based on a generalization that firearms are commonly found in close proximity to illegal drugs. No one from the task force knew if Appellant had a criminal record, and there was no indication that D.W. and Appellant were involved in a common enterprise. Indeed, the police witnessed a single drug transaction, and it occurred outside of Appellant’s presence. Furthermore, upon entering the house, Officer Russell did not detect any unusual behavior or furtive movements on Appellant’s part nor did she observe a suspicious bulge in Appellant’s purse. Since the Commonwealth failed to elicit any facts that supported an objectively reasonable belief that Appellant was armed and dangerous, the Superior Court’s decision cannot be sustained. See Commonwealth v. Reece, 437 Pa. 422, 263 A.2d 463, 466 (Pa. 1970) (police officer lacked reasonable suspicion to search defendant for weapons because officer did not possess any background information on defendant, and defendant’s conduct did not convey threat of danger to officer).

[This case slipped by when it was decided. It was found in updating citations.]