PA Supreme Court: ShotSpotter Alert Plus Furtive Movements and Walking Away Provides Reasonable Suspicion

Philadelphia Criminal Defense Lawyer Zak T. Goldstein, Esquire

The Pennsylvania Supreme Court has decided Commonwealth v. Foster, No. 12 WAP 2024 (Pa. May 19, 2026), holding that the totality of the circumstances supported reasonable suspicion to detain the defendant after a ShotSpotter alert reported gunfire on a residential block at 2:00 a.m. The Court declined to address whether ShotSpotter alerts, standing alone, are reliable enough to support a Terry stop, treating the alert here as one factor among several.

There is also a meaningful win for the defense bar tucked inside the opinion. The Court refused to credit the Commonwealth’s “high-crime area” argument because the officer’s testimony was too vague and was not tied to the time of the stop. That portion of the decision reinforces last year’s ruling in Commonwealth v. Lewis, 343 A.3d 1016 (Pa. 2025), and gives defense counsel a usable tool at suppression hearings.

The Facts

At around 2:00 a.m. on September 17, 2019, a Pittsburgh police officer received a ShotSpotter alert reporting a single gunshot near 1439 Hoffman Street. A second alert reported four more shots at the same location while the officer was en route. He reached the intersection of Hoffman and Chateau Streets about ten to fifteen seconds after the second alert and saw a parked car with its headlights on. The defendant was in the driver’s seat. A woman was in the passenger seat. They were the only people on the street.

As the officer turned onto Hoffman Street and activated his overhead lights, the defendant got out of the car and walked toward a nearby residence. The officer testified that the female appeared to be “moving around in the car trying to grab things,” including her purse. The officer exited his cruiser and ordered the defendant to return to the street. When he did not comply, officers drew their weapons and forcibly handcuffed him.

After the seizure, officers recovered shell casings near the car and a firearm in the woman’s purse. The woman later admitted she had accidentally discharged the weapon inside the vehicle. The defendant meanwhile, smelled of alcohol and his eyes were glassy. He failed field sobriety testing, and his BAC came back at .200. He was charged with DUI and with driving while his operating privilege was suspended.

The defendant filed a motion to suppress, arguing that the seizure was not supported by reasonable suspicion. The trial court denied the motion, the defendant was convicted at a bench trial, and the Superior Court affirmed in an unpublished memorandum. The Supreme Court granted allocatur to address whether the lower courts placed too much weight on the defendant’s spatial and temporal proximity to the ShotSpotter alerts.

The Legal Framework

Article I, Section 8 of the Pennsylvania Constitution and the Fourth Amendment both prohibit unreasonable seizures. An investigative detention (a Terry stop) must be supported by reasonable suspicion of criminal activity. Reasonable suspicion is less demanding than probable cause but still requires “specific and articulable facts” supplying a “particularized and objective basis for suspecting the particular person stopped of criminal activity.” The stop must be “justified at its inception,” and facts that develop only after the seizure cannot retroactively support it.

The parties agreed that the seizure occurred when the officer exited his cruiser and ordered the defendant back to the street. The question was whether the totality of the circumstances at that moment supplied reasonable suspicion.

The Supreme Court’s Holding

The Court held that the totality of the circumstances supported reasonable suspicion. It identified four factors: (1) two ShotSpotter alerts indicating gunfire in a residential neighborhood in the middle of the night; (2) the officer’s rapid response, which left limited opportunity for a shooter to flee the immediate area; (3) the fact that the defendant and the woman were the only people present at the precise location of the alerts; and (4) what the Court characterized as the pair’s “furtive and evasive behaviors” when the officer arrived — the woman moving around inside the car as the cruiser approached with overhead lights activated, and the defendant getting out of the car and walking toward a private residence as the officer pulled up.

The Court declined to treat ShotSpotter alerts as the equivalent of anonymous tips. The defendant and amici — the ACLU, the Pennsylvania Innocence Project and PACDL, and the Allegheny County Public Defender’s Office — had urged the Court to adopt that framework and require independent corroboration of the alert before it could be used to justify a stop. The Court called the proposed framework one that would “unnecessarily complicate[ ] the straightforward legal issue presented,” and resolved the case on a totality-of-the-circumstances basis instead. Importantly, the Court did not actually decide whether ShotSpotter is reliable. It described the technology’s reliability as not properly preserved and ultimately immaterial on the record before it.

The High-Crime Area Argument Fails

The most useful part of the opinion for defense practitioners is the Court’s rejection of the Commonwealth’s “high-crime area” argument. The entirety of the proof was an officer’s answer to a leading question: asked whether the area was “known as a high-crime area,” he replied, “Manchester has its hot spots, yes,” and confirmed that the location “has been” a hot spot “in the past.”

Citing Lewis, the Court reiterated that “merely intoning buzzwords is never sufficient to prove an area is high in crime,” and that conclusory testimony characterizing an area “in broad generalities” does not establish the factor. The Commonwealth must also tie the testimony to the time of the stop, not to some unspecified moment “in the past.” The Court accordingly removed the high-crime area factor from the analysis.

Although the use of ShotSpotter as a factor is bad for the defense, the high crime analysis is helpful. The high crime area label has been doing a lot of heavy lifting in Terry stop cases for years, often supported by nothing more than an officer reciting the magic words on direct. After Lewis and now Foster, that testimony has to come with specifics: what kind of crime, how the officer knows, and a nexus to the time and place of the stop, or it does not count at all.

The Takeaway

Foster expands the set of circumstances in which a ShotSpotter alert can be used to justify an investigative detention in Pennsylvania. The Court did not hold that a ShotSpotter alert alone supports reasonable suspicion, and it expressly declined to decide whether ShotSpotter alerts are reliable enough to be treated like other evidence of crime. But it did hold that an alert, combined with the defendant’s presence at the reported location moments after the alert, the absence of any other people on the scene, and what the Court characterized as furtive and evasive behavior, is enough.

At the same time, the decision continues the Court’s push, begun in Lewis, to require more than buzzwords before an area can be treated as a high-crime area in the reasonable-suspicion analysis. A one-line answer from an officer that the location has been a “hot spot” in the past is no longer sufficient on its own.

Facing Criminal Charges? We Can Help.

Goldstein Mehta LLC Criminal Defense

If you or a loved one are facing criminal charges, serving a state sentence in Pennsylvania, or exploring a direct appeal or PCRA petition, we can help. We have successfully defended thousands of clients against criminal charges in courts throughout Pennsylvania and New Jersey, and we have won criminal appeals and PCRAs in state and federal court — including the successful direct appeal of a first-degree murder conviction and the exoneration of a client who spent 33 years in prison for a murder he did not commit. Our award-winning Philadelphia criminal defense lawyers offer a free criminal defense strategy session to any potential client. Call 267-225-2545 to speak with an experienced and understanding defense attorney today.

PA Superior Court: If you lie about having a gun while visibly carrying a gun, the police can search you.

Zak T. Goldstein, Esquire - Criminal Defense Lawyer

The Pennsylvania Superior Court has just issued a significant published opinion in Commonwealth v. Toliver, 2026 PA Super 63 (Pa. Super. March 27, 2026), in which it reversed a Philadelphia trial court’s order granting a motion to suppress a firearm and the defendant’s statements. The Superior Court held that when a passenger in a vehicle lies to a police officer about the presence of a firearm during a lawful traffic stop, and the officer subsequently sees the firearm in plain view, the combination of the lie and the plain-view observation provides reasonable suspicion to conduct an investigative detention and frisk. This decision has significant implications for gun cases in Philadelphia and throughout Pennsylvania, and it continues to chip away at the protections that the defense bar had hoped to rely on under Commonwealth v. Hicks, 208 A.3d 916 (Pa. 2019), and Commonwealth v. Malloy, 257 A.3d 142 (Pa. Super. 2021).

The Facts of Commonwealth v. Toliver

On June 19, 2023, a Philadelphia Police Officer and his partner conducted a vehicle stop on the 700 block of West Erie Avenue for an expired registration. The defendant was the front seat passenger in the vehicle, and the defendant’s father was the driver.

When the officer initially approached the vehicle, he spoke to the father and asked for his license and registration. He also asked whether anyone in the vehicle had a license to carry a firearm. The father denied having a license to carry while the defendant stared straight ahead and did not respond. The officer then asked whether there was a firearm in the vehicle, and both the defendant and his father shook their heads no.

The officer testified that he returned to his police vehicle to run the identification cards, and from where he was sitting inside the police vehicle, he could see movement on the passenger side of the car. He described the movement as “bending in an abnormal position,” reaching down between the seats, and quicker than normal reaching movements on both sides of the seats.

The officer then exited his police vehicle and approached the defendant on the passenger side. He testified that as he approached, he saw the defendant reach down to the right side between the arm and the door, clenching something against his body, which made the officer suspicious. The officer asked the driver to turn off the vehicle, took possession of the keys, and then ordered both the defendant and his father to exit. Once the defendant was out of the vehicle, the officer placed his hands on the roof of the car. At that point, the officer noticed the butt end of a pistol sticking out of the rear pocket of the defendant’s athletic shorts and immediately put him in handcuffs. While handcuffing the defendant, the officer asked whether he had a license to carry a firearm, and the defendant responded that he did not. The defendant was then arrested and charged with Carrying a Firearm Without a License (18 Pa.C.S. § 6106(a)(1)) and Carrying a Firearm on Public Streets in Philadelphia (18 Pa.C.S. § 6108).

The Suppression Court’s Ruling

The defendant moved to suppress the firearm, and the suppression court granted his motion to suppress. The court based its ruling primarily on the Pennsylvania Supreme Court’s decision in Commonwealth v. Hicks, 208 A.3d 916 (Pa. 2019), and the Superior Court’s prior decision in Commonwealth v. Malloy, 257 A.3d 142 (Pa. Super. 2021). The suppression court found that the police did not have independent reasonable suspicion to investigate whether the defendant had a valid firearms license. The court did not credit the officer’s testimony about furtive movements, finding his description of what he claimed to observe was “extremely vague and equivocal.” The court also found that there was no evidence that the defendant displayed any nervousness during the traffic stop. Although the suppression court acknowledged that the defendant had been untruthful about whether there was a gun in the car, it dismissed this factor, reasoning that lying to the police while not under oath is not a crime.

The suppression court also concluded that the officer should have checked the police databases for the defendant’s licensure status before questioning him about whether he had a license to carry, and it therefore suppressed both the gun and the defendant’s statement admitting he did not have a license to carry. The Commonwealth appealed.

The Superior Court’s Decision

The Superior Court reversed the suppression order in a published opinion.

First, the Superior Court accepted the suppression court’s factual findings, including its finding that the movements described by the officer were not furtive and its assessment of the officer’s credibility on that point. However, the Superior Court found that the suppression court committed a legal error by completely disregarding the defendant’s lie about the presence of a firearm in its reasonable suspicion analysis.

The court’s analysis turned on the distinction between this case and Hicks. In Hicks, the Pennsylvania Supreme Court held that the mere possession of a firearm is not alone suggestive of criminal activity and cannot independently support a finding of reasonable suspicion. The Superior Court in Toliver agreed that Hicks controlled the question of whether mere possession alone is sufficient, but it found that the case presented more than mere possession. Specifically, when asked by the officer whether there was a firearm in the car, the defendant affirmatively denied having a gun. The officer later determined that this denial was a lie when he saw the butt of the gun protruding from the defendant’s pocket.

The Superior Court also distinguished Commonwealth v. Malloy, 257 A.3d 142 (Pa. Super. 2021), which the defendant and the suppression court had relied upon. In Malloy, the court suppressed evidence because the investigative detention was initiated based solely on the defendant’s mere possession of a firearm, which under Hicks could not support reasonable suspicion. Critically, in Malloy, the lie about the firearm license came after the detention had already begun, and the court found that information developed after the start of the detention could not be used retroactively to justify it. In Toliver, by contrast, the lie about the gun occurred before the officer saw the gun and initiated the investigative detention. Therefore, by the time the officer ordered the defendant out of the car and saw the gun protruding from his pocket, the officer had already detected the lie, and the combination of the lie and the plain-view observation of the gun provided reasonable suspicion.

The Superior Court held that lying to the police about the presence of a firearm, combined with the officer’s subsequent plain-view observation of that firearm, constitutes reasonable suspicion permitting an investigative detention. The court reasoned that the combination of possessing a concealed firearm and lying about that possession leads to natural inferences that the person lied either because they wish to hide the fact that they pose a lethal threat to the officer or to hide that their possession of the firearm is illegal. The court cited Commonwealth v. Metz, 332 A.3d 92, 100 (Pa. Super. 2025), Commonwealth v. Williams, 73 A.3d 609, 616 (Pa. Super. 2013), and Commonwealth v. Shelly, 703 A.2d 499, 503 (Pa. Super. 1997), in support of the well-established principle that providing false information to the police is a factor supporting reasonable suspicion.

The court also held that the frisk was justified because once reasonable suspicion existed for the investigative detention, the officer could reasonably suspect that a passenger who lied about having a gun and was in fact armed was dangerous. It further ruled that the officer’s question about licensure status during the lawful investigative detention was permissible and did not require suppression of the defendant’s admission that he lacked a license.

Finally, the Superior Court rejected the suppression court’s reasoning that the officers should have checked their databases for the defendant’s licensure status before asking about it. The court noted that accepting this reasoning would effectively mandate that all police officers in the Commonwealth run firearms licensing checks as a routine part of every traffic stop, which would inevitably prolong all stops. The court also pointed out that this reasoning directly contradicts the holding of Malloy, which forbids the delay of a car stop to research a passenger’s firearm licensing status in the absence of reasonable suspicion.

The Takeaway

This is a significant and difficult decision for the defense. Since the Pennsylvania Supreme Court decided Hicks in 2019, defendants have been able to argue that the mere possession of a concealed firearm does not give the police reasonable suspicion to detain and investigate. Toliver narrows that protection considerably by establishing that when a person also lies about having a gun, the lie transforms the encounter into one that supports reasonable suspicion.

The practical impact is considerable. During most traffic stops, officers routinely ask occupants whether there are any weapons in the car. Under Toliver, if an occupant denies having a gun and the police subsequently discover one, the denial itself now provides the additional factor beyond mere possession that the Commonwealth needs to establish reasonable suspicion. This creates a difficult situation for defendants: remaining silent in response to the officer’s question may itself raise suspicion, yet answering untruthfully will now be used against them. Meanwhile, truthfully admitting to having a firearm obviously leads to further investigation as well.

The decision also effectively limits the reach of Malloy by making clear that a detected lie that precedes the investigative detention is distinguishable from information learned during an already-unlawful detention. Defense attorneys handling gun cases will need to pay close attention to the precise timeline of events: when the lie occurred, when the officer observed the gun, and when the detention actually began.

Facing Criminal Charges or a Wrongful Conviction?

Goldstein Mehta LLC Criminal Defense

If you are facing criminal charges or believe that the prosecution engaged in misconduct in your case, we can help. Our award-winning Philadelphia criminal defense lawyers offer a free criminal defense strategy session to any potential client. We have successfully defended thousands of clients against criminal charges in courts throughout Pennsylvania and New Jersey. We have successfully obtained full acquittals and dismissals in cases involving charges such as Conspiracy, Aggravated Assault, Rape, Violations of the Uniform Firearms Act, and First-Degree Murder. We have also won criminal appeals and PCRAs in state and federal court, including the successful direct appeal of a first-degree murder conviction and the exoneration of a client who spent 33 years in prison for a murder he did not commit. Our experienced criminal defense lawyers are typically available for same-day phone consultations and in-person meetings so that we can begin investigating your case, obtaining exculpatory evidence, and planning your defense. Call 267-225-2545 for a free criminal defense strategy session.

No Forced Abandonment: Superior Court Upholds Recovery of Gun Discarded During Police Chase

Criminal Defense Lawyer Zak T. Goldstein, Esquire

In a recent published opinion, the Pennsylvania Superior Court reversed a Philadelphia trial judge’s decision to suppress a firearm that the defendant discarded while fleeing from police. The case, Commonwealth v. Joyner, clarifies the line between a mere encounter and an investigatory detention, and it reinforces that evidence abandoned during flight is admissible where police had reasonable suspicion to pursue the defendant before they discarded some kind of contraband.

The Facts of Joyner

The defendant faced charges including prohibited possession of a firearm (VUFA § 6105), carrying without a license (VUFA § 6106), carrying on the streets of Philadelphia (VUFA § 6108), and possession of a controlled substance. Before trial, he moved to suppress the firearm, arguing that police lacked reasonable suspicion to stop him and that his abandonment of the gun was coerced.

At the suppression hearing, the arresting officer testified that while patrolling a high-crime area, he observed the defendant walking with his right arm stiffened against his side and a heavy, square-shaped object in his pocket that the officer believed was a firearm. When the defendant saw the marked police vehicle, he turned and walked in the opposite direction. The arresting officer pulled alongside him and asked whether he had a gun. The defendant twice said no even though the officer could see an object that looked like a gun and kept walking. As the officer opened his door to get out, the defendant ran. The police chased him, heard the sound of metal hitting the ground, and ultimately recovered a firearm and oxycodone pills.

The defense argued that the defendant had been forced to abandon the contraband by an illegal stop. The trial court agreed and granted the motion to suppress, concluding that the officer’s questioning escalated the interaction into an unlawful investigatory detention under Commonwealth v. Hicks. It also found that the officer’s conduct coerced the defendant into discarding the gun, requiring suppression under Commonwealth v. Barnett. The prosecution appealed.

The Superior Court’s Ruling

The Superior Court disagreed. It held that the interaction remained a mere encounter up until the moment the defendant fled. The court emphasized several factors:

• The interaction occurred in daylight on a public street.

• Police did not activate lights or sirens.

• No officer exited the car or blocked the defendant’s path until after he ran.

• Asking whether someone is carrying a gun does not by itself create a detention.

Because the defendant remained free to leave and in fact chose to leave, the questioning did not constitute a seizure requiring reasonable suspicion or probable cause. Once the defendant fled, however, the legal calculus changed. The court held that the arresting officer then had reasonable suspicion to pursue him based on the totality of the circumstances. Those circumstances included:

• The officer’s observation of a heavy, square object consistent with a firearm.

• The high-crime nature of the area.

• The defendant’s evasive behavior when he saw police.

• His immediate, unprovoked flight when approached by police.

Under well-established Pennsylvania law, unprovoked flight in a high-crime area can supply reasonable suspicion when combined with other factors. Because the officers had reasonable suspicion at the moment of pursuit, the defendant’s abandonment of the gun was not coerced. The firearm was therefore admissible, and the court reversed the grant of the motion to suppress.

The Superior Court distinguished Barnett, noting that in that case police lacked reasonable suspicion when they attempted to stop the defendant. Here, the officer had already developed reasonable suspicion before formal pursuit began.

The Takeaway

Commonwealth v. Joyner reinforces several key principles for suppression litigation in Pennsylvania:

• Police may question a person about a firearm without necessarily creating a detention.

• Hicks limits firearm-based seizures but does not apply to consensual encounters.

• Flight, when combined with other factors, can create reasonable suspicion.

• Evidence discarded during a legally justified pursuit is admissible, not forced abandonment.

The case now returns to the Philadelphia Court of Common Pleas for further proceedings, including potential litigation on an unresolved Miranda issue.

Goldstein Mehta LLC Criminal Defense

Facing criminal charges? We can help.

If you are facing criminal charges or under investigation by the police, we can help. We have successfully defended thousands of clients against criminal charges in courts throughout Pennsylvania and New Jersey. We have successfully obtained full acquittals in cases involving charges such as Conspiracy, Aggravated Assault, Rape, and Murder. We have also won criminal appeals and PCRAs in state and federal court. Our award-winning Philadelphia criminal defense lawyers offer a free criminal defense strategy session to any potential client. Call 267-225-2545 to speak with an experienced and understanding defense attorney today.

PA Superior Court Holds Physician-Patient Privilege Does Not Apply to Juvenile Delinquency Proceedings

Criminal Defense Lawyer Zak T. Goldstein, Esquire

Introduction

In a recent decision, In the Interest of J.E., 2025 PA Super 245, the Pennsylvania Superior Court addressed a novel issue of statutory interpretation: whether juvenile delinquency proceedings constitute “civil matters” for the purposes of the physician-patient privilege under 42 Pa.C.S.A. § 5929. The Court ultimately ruled that while juvenile proceedings are not criminal in nature, they are also not "civil matters" as contemplated by the statute, meaning the privilege does not act as a bar to the admission of medical records in delinquency hearings. Under the statute, the physician-patient privilege only applies to civil matters, so it does not apply in juvenile criminal cases.

Facts of the Case

The case arose from an incident that took place in November 2023, where J.E., a minor, was taken to Lankenau Hospital by his family for a gunshot wound to his left hand. During his treatment, J.E. made statements to both an emergency room physician and a surgeon indicating that he had accidentally shot himself with his own gun. These statements were recorded in his medical records.

J.E. was subsequently charged with possession of a firearm by a minor and possession of a firearm prohibited. Prior to his adjudicatory hearing, the defense filed a motion in limine to exclude the medical records, arguing that the statements in the records were protected by the physician-patient privilege. The defense contended that because Pennsylvania law has long held that juvenile proceedings are "civil inquiries" rather than criminal trials, the statutory privilege applicable to "civil matters" should apply. The trial court denied the motion, the records were promptly admitted, and J.E. was adjudicated delinquent. The defendant appealed to the Pennsylvania Superior Court.

The Ruling on Appeal

The Superior Court affirmed the trial court’s decision, relying on a strict statutory interpretation of 42 Pa.C.S.A. § 5929. The statute states that physicians shall not be allowed to disclose information in "any civil matter."

The Court rejected the defendant’s argument, reasoning that:

1. Distinct Legal System: The Juvenile Act created a unique, separate legal system that is neither wholly civil nor wholly criminal. Although the system aims for rehabilitation rather than punishment, it is a distinct statutory framework designed to hold children accountable. It does not result in a civil case.

2. Statutory Language: The legislature did not explicitly include juvenile proceedings in the text of § 5929. Furthermore, the Juvenile Act itself distinguishes between "civil matters" and juvenile proceedings, suggesting they are not synonymous.

3. Precedent: The Court noted that previous caselaw distinguishing juvenile proceedings from criminal ones did not automatically categorize them as "civil matters" for all purposes. The Court cited In re J.B. to show that the judiciary views criminal, civil, and juvenile proceedings as three distinct categories.

Key Takeaway

This decision clarifies that the physician-patient privilege in Pennsylvania is limited strictly to "civil matters" as traditionally defined (e.g., lawsuits for damages or equitable relief). It does not extend to the unique quasi-civil nature of juvenile delinquency court. Accordingly, incriminating statements made by minors to medical personnel for the purpose of treatment may be admissible in subsequent delinquency hearings.

Facing criminal charges or appealing a criminal case in Pennsylvania? We can help.

Goldstein Mehta LLC Criminal Defense Lawyers

If you are facing criminal charges or under investigation by the police, we can help. We have successfully defended thousands of clients against criminal charges in courts throughout Pennsylvania and New Jersey. We have successfully obtained full acquittals in cases involving charges such as Conspiracy, Aggravated Assault, Rape, and Murder. We have also won criminal appeals and PCRAs in state and federal court, including the exoneration of a client who spent 33 years in prison for a murder he did not commit. Our award-winning Philadelphia criminal defense lawyers offer a free criminal defense strategy session to any potential client. Call 267-225-2545 to speak with an experienced and understanding defense attorney today.