Supreme Court of Pennsylvania· 3/23/2022
McDaniels, H. v. Rutter, M.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- patfrisk of defendant proper where he was with person being arrested for trespassing and he made furtive movements
- officers legitimately in presence of group because one individual was trespassing, had the right to conduct patfrisk where defendant disregarded specific instruction to take his hands out of his pockets
- officers investigating possible trespass in high crime area “not required to accept risk of . . . ambiguity” posed by defendant who disregarded command to take his hands out of his pockets
- “The term ‘high crime area’ is itself a general and conclusory term that should not be used to justify a stop or a frisk, or both, without requiring the articulation of specific facts demonstrating the reasonableness of the intrusion”
- “Two questions arise in connection with a determination whether a police officer had a sufficient, reasonable basis to conduct a patfrisk: . . . and (2) did the officer have a reasonable basis to suspect that this party was likely to be armed and dangerous.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Per Curiam
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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