Appeal from the Order August 3, 2010 in the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0004457-2009
The opinion of the court was delivered by: Mundy, J.
BEFORE: MUSMANNO, MUNDY, AND FITZGERALD,*fn1 JJ.
The Commonwealth appeals from the August 3, 2010 order granting the motion to suppress filed by Appellee, Khalif Walls. After careful review, we reverse and remand for further proceedings consistent with this opinion.
The relevant facts and procedural history, as gleaned from the certified record, are as follows. On December 8, 2008, at approximately 1:05 p.m., Officer Booker Messer received a flash over police radio based on an anonymous tip. N.T., 8/3/10, at 4, 9. The flash reported a black male located around the intersection of 13th Street and Allegheny Avenue wearing a black coat, black jeans, and carrying a gun on his right hip, possibly a .38 caliber. Id. at 4, 8. Officer Messer traveled northbound on 13th Street towards Allegheny Avenue. Id. at 4. About one-half of a block away from that intersection, Officer Messer observed a black male wearing a black coat and black jeans walking on the sidewalk, whom Officer Messer identified at the suppression hearing as Appellee. Id. at 4-5. Officer Messer did not observe a gun on Appellee's person when he first saw him.
Q: What happened when you observed [Appellee]?
A: I stopped my vehicle. [Appellee] stopped walking. I identified him by description. He immediately ran southbound.
Q: What did you do at that time?
A: I had to go around the block. I immediately called radio that the male that matched the flash was running southbound on 13th towards Clearfield.
Q: Did you ever speak to [Appellee] when your cruiser pulled up next to him?
Q: Did you have any interaction with [Appellee] other than make eye contact with him?