The opinion of the court was delivered by: MARSH
On July 21, 1983, the defendant, Gregory Nash, was arrested and charged with possession of a fire arm by a convicted felon. A complaint was filed by Allegheny County Police who charged him with possession of a firearm by a convicted felon. He was committed to the Allegheny County Jail and the case was scheduled before Judge Gerald Bigley of the Court of Common Pleas of Allegheny County.
The defendant was indicted by a Federal grand jury on October 13, 1983 and charged with the same offense.
The State charges were nol-prossed on October 13, 1983.
The defendant also moved that the indictment should be dismissed for prosecutorial misconduct and vindictive and selective prosecution in violation of his constitutional rights.
Both motions will be denied.
On July 21, 1983, the defendant Nash was a passenger in a Cadillac car driven by Rickey Russo. The car was owned by William Grace who was a Pennsylvania resident. An Ohio registration plate was on the car. The side windows were blackened by nontransparent material in violation of 75 Pa. C.S.A. § 4524(b), and various objects were hanging on the rear view mirror in violation of 75 Pa. C.S.A. § 4524(c).
Detective James J. Malloy and James L. Hayes and Officer Trosky stopped the car about 11:00 in the morning on July 21, 1983. They observed two men. Mr. Nash was in the passenger seat. He was observed to bend down toward the floor. He opened the car door and Officer Malloy looked in and saw the "grip and hammer" of a handgun
on the floor. He pulled Nash out and retrieved the gun. Citations were issued for the blacked-out windows and obstructed windshield. The summary offenses were never adjudicated.
Russo and Nash were both arrested.
Russo was not charged with possession of the revolver since he did not have a prior felony conviction.
The testimony of Mr. Nash that a plea bargain had been entered into by him and the Allegheny County District Attorney's Office was refuted by Robert Vincler, a Chief Trial Deputy in the District Attorney's Office of Allegheny County. We accept the Deputy District Attorney's testimony.
Under the facts and circumstances of the above-described arrest and seizure, it is our opinion that the defendant's constitutional rights were not violated by the arresting officers who saw him place something on the floor of the car which turned out to be a revolver. Coolidge v. New Hampshire, 403 U.S. 443, 29 L. Ed. 2d 564, 91 ...