Opinion
J-S28017-17 No. 1078 WDA 2016
08-11-2017
COMMONWEALTH OF PENNSYLVANIA, Appellee v. LUIS LOPEZ, Appellant
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P 65.37
Appeal from the Order June 23, 2016, in the Court of Common Pleas of Erie County, Criminal Division, at No(s): CP-25-CR-0002525-2015 BEFORE: OLSON, MOULTON, and STRASSBURGER, JJ. CONCURRING MEMORANDUM BY STRASSBURGER, J.:
Retired Senior Judge assigned to the Superior Court. --------
I agree with the Majority that Lopez was seized at the time Officer Russell began chasing him, and that, at that time, Officer Russell had reasonable suspicion to do so given that (1) the officer had credible information that Lopez was carrying a firearm, (2) Lopez was ineligible to do so based upon his age, and (3) Lopez fled when he was asked if he had any firearms on him.
However, I believe a person of reasonable caution would believe that criminal activity may be afoot when presented with those three facts in any neighborhood. The status of the neighborhood at issue here as a "high-crime area" is not relevant to the determination. People who live in poor areas that are riddled with crime do not have fewer constitutional rights than people who have the means to live in "nice" neighborhoods.