PA Superior Court: Unprovoked Flight in High Crime Area Still Justifies Stop of Suspect

Philadelphia Criminal Defense Lawyer Zak T. Goldstein, Esquire

The Pennsylvania Superior Court has decided the case of Commonwealth v. Barnes, holding that unprovoked flight in a high crime area justifies the detention of the person fleeing even if the police do not make any other observations of criminal activity. This is true even if the police observe no other factors that could give rise to reasonable suspicion - unprovoked flight and a high crime area, with nothing more, is enough for the police to stop someone and potentially frisk them.

The Facts of Barnes

In Barnes, the police were traveling in a police car at an intersection in a high crime area. The police department considered the area to be so bad that they routinely had a police car simply park at that corner at all times in order to try to prevent crime. The officers were driving in the area when they observed a group of about five or six people on the northeast corner of 8th and Clearfield. The group began to scatter as the police approached, and each member began walking in a different direction.

The defendant began walking southbound towards the patrol car with at least one other male. One of the officers got out of the car and turned his flash light on. The defendant then ran. The officers chased him, and the defendant eventually tripped and fell. The officers caught him, saw that he had a fanny pack, and they started to frisk the fanny pack. They asked if he had a gun in it, and he said yes. They found a gun in the fanny pack. The defendant then said he was on probation and did not have a license to carry.

The Motion to Suppress

The trial court granted the defendant’s motion to suppress, finding that police stopped him without reasonable suspicion or probable cause because they observed nothing more than flight in a high crime area. The court reasoned that because the police had no specific information about the defendant, did not see any criminal activity, and were not responding to any kind of radio or 911 call, they had no reason to stop the defendant. Therefore, the court suppressed the gun, and the Commonwealth appealed.

The Superior Court Appeal

The Superior Court promptly reversed the suppression order. The court noted that the case law has long held that unprovoked flight from police in a high crime area justifies an investigative detention of the suspect. Therefore, the police were allowed to chase the defendant and try to figure out why he ran away from them for seemingly no reason. Mere presence in a high crime area alone does not justify a stop, but when that presence is coupled with unprovoked flight, the police may investigate. There is no requirement that the police see specific criminal activity or receive a 911 call directing them to stop the defendant.

As the defendant had fled for no reason and had a bag which could have contained a gun, the police were then justified in asking if the bag had a gun in it. The court ruled that the police had not actually arrested the defendant before finding the gun - they had just tried to stop him to figure out what was going on. Therefore, the Superior Court reversed the order granting the motion to suppress and remanded the case for trial. The defendant will now face trial on the firearms charges.

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Goldstein Mehta LLC Criminal Defense Attorneys

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.

Zak Goldstein 5/29/23 Zak Goldstein 5/29/23

PA Superior Court: Concussion May Be Serious Bodily Injury Under Aggravated Assault Statute

Criminal Defense Lawyer Zak T. Goldstein, Esquire

The Superior Court has decided the case of Commonwealth v. Santiago, holding that a concussion alone may meet the definition of serious bodily injury as required for an aggravated assault conviction. The defendant had been convicted of aggravated assault and appealed the conviction. He argued that a concussion alone did not amount to serious bodily injury. The Superior Court, however, disagreed. Medical testimony introduced at trial established that a concussion impairs the brain for a protracted period and could be indefinite in extreme circumstances. Therefore, the court affirmed the conviction.

The Facts of Commonwealth v. Santiago

In July 2019, police responded to a noise complaint. When officers arrived on the scene, they discovered an impromptu block party. Various partygoers insulted and threatened the officers, and the officers eventually decided to arrest one of them. That person fled, and the officers chased him to his apartment building.

Other people at the apartment building tried to help the defendant. Someone knocked an officer to the ground. When the officer stood back up and called for help, the defendant punched the officer in the face. The officer fell backwards down four steps and hit his head on the metal leg of a picnic table. He became disoriented and nearly lost consciousness. There was also some bleeding.

The officer was diagnosed with a concussion at the hospital and missed two weeks of work. He continued to suffer from migraines, visual impairment, and confusion for about a month. The Commonwealth charged the defendant with aggravated assault and related charges. A jury convicted him, and the trial court sentenced the defendant to an aggregate of seven to fourteen years’ incarceration. The defendant filed a timely appeal, raising the issue that one punch resulting in a minor concussion is insufficient to support a conviction for aggravated assault.

The Superior Court Appeal

The defendant appealed, arguing that punching an officer one time and causing only a minor concussion from which the officer recovered was not an aggravated assault as a felony of the first degree. First degree felony aggravated assault requires that a defendant either specifically attempt to cause serious bodily injury and fail to do so or that a defendant intentionally, knowingly, or recklessly under circumstances manifesting an extreme disregard to the value of human life actually cause serious bodily injury. Therefore, the issue in this case was whether the defendant actually caused serious bodily injury.

The defendant argued that the concussion in this case was not a serious bodily injury. Serious bodily injury is either, 1) harm creating a substantial risk of death, 2) harm creating serious, permanent disfigurement, or (3) harm causing protracted loss or impairment of a bodily member or organ. Here, the court found that the concussion fell within the third category. The officer’s treating physician testified that the concussion altered brain function and caused an impairment to brain function that could be protracted. In extreme cases, the potential effects of a concussion can be indefinite. Therefore, concussing someone during an assault may be sufficient to be deemed serious bodily injury and rise to the level of aggravated assault.

This case makes it easier for the Commonwealth to obtain a conviction for aggravated assault. Concussions obviously occur with some regularity, and most people recover without any major issues. Therefore, a concussion probably should not equate to serious bodily injury. But here, likely because the case involved a police officer as the victim, the court upheld the conviction and found that a concussion may be serious bodily injury even where the victim recovers quickly.

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Zak Goldstein 5/27/23 Zak Goldstein 5/27/23

Attorney Goldstein Selected to 2023 PA Super Lawyers Rising Stars List

Zak T. Goldstein

Rated by Super Lawyers

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Philadelphia criminal defense lawyer Zak T. Goldstein, Esquire, has been selected to the 2023 Pennsylvania Super Lawyers Rising Stars list. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Super Lawyers, part of Thomson Reuters, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys. The Super Lawyers lists are published nationwide in Super Lawyers magazines and in leading city and regional magazines and newspapers across the country. Super Lawyers magazines also feature editorial profiles of attorneys who embody excellence in the practice of law. For more information about Super Lawyers, visit SuperLawyers.com. This is the sixth year in a row that Attorney Goldstein has been selected to the list.

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Zak Goldstein 5/25/23 Zak Goldstein 5/25/23

Attorney Goldstein Wins Re-Sentencing on Appeal for Client Who Received 35 Years for Drugs

Criminal Appeals Lawyer Zak T. Goldstein, Esquire

Philadelphia criminal defense attorney Zak T. Goldstein, Esquire recently won a new sentencing hearing for a client who received 17.5 - 35 years’ incarceration followed a conviction for possession with the intent to deliver in Blair County, PA. The client was originally charged with drug delivery resulting in death, possession with the intent to deliver, criminal use of a communications facility, and recklessly endangering another person. The jury convicted him only of the PWID, CUCF, and REAP. It did not convict him of the homicide. Nonetheless, the trial judge imposed a sentence of 17.5 - 35 years’ incarceration for PWID even though the Commonwealth’s pre-trial offer had been for a jail term of less than half of that on the homicide charge. The client retained Attorney Goldstein for appeal, and the Superior Court vacated the sentence. It is rare for an appellate court to determine that a sentence should be vacated purely because it was excessive, but in this case, Attorney Goldstein was able to convince the Superior Court that the sentence was far too much. The Court found that the sentence was clearly excessive and remanded for a new sentencing hearing. Learn more here.