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PA will decide whether a gun follows drugs in a protective search

By John Wesley Hall, Jr.

The Pennsylvania Supreme Court has agreed to hear a case that implicates gun searches in every drug case, Commonwealth v. Grahame, 2009 Pa. LEXIS 2028 (September 18, 2009): The issue, rephrased for clarity, is: Did the Superior Court err in finding sufficient reasonable suspicion based on a "guns follow drugs" presumption to justify a "protective search" of Petitioner's pocketbook for weapons pursuant to Terry v. Ohio 392 U.S. 1 (1968)? In addressing this issue, the parties are to discuss and address any alternative, intermediate investigative measures, short of a search, which police officers may have lawfully utilized under the circumstances of this case. See, e.g., 4 Wayne R. Lafave, Search and Seizure § 9.6(e) (4th. Ed. 2008). The prior post was from eighteen months ago: Consent to search a house immediately after a drug deal there permitted a search of a large handbag of a guest on the premises...continue to full post

Full post as published by Fourth Amendment on September 27, 2009 (boomark / email).