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PA: While defendant's pursuit by police was without RS, he dropped a gun, picked it up, and ran, and that made second pursuit legal

By John Wesley Hall, Jr.

First pursuit of the defendant was unlawful, but defendant dropped a gun when he fell. He ignored the officer’s command to not reach for the gun–grabbing it, he ran again. The second pursuit was lawful. If he had dropped the gun and not grabbed it and ran again, the court would have suppressed. Commonwealth v. Taggart, 2010 PA Super 110, 2010 Pa. Super. LEXIS 1030 (June 17, 2010).* Defendant was arrested for “upskirting,” and a search warrant was obtained for his home, computer, and car to took for the storage device. The court concludes that “upskirting” in a shopping mall is not a crime under the Tennessee law for video recording in a place where there is an expectation of privacy. Therefore, the SW was issued under a mistake of law, and the case is reversed...continue to full post

Full post as published by Fourth Amendment on June 21, 2010 (boomark / email).