Opinion
No. 328 EAL 2023
07-11-2024
COMMONWEALTH of Pennsylvania, Respondent v. Phillip SHIVERS, Petitioner
Petition for Allowance of Appeal from the Order of the Superior Court
ORDER
PER CURIAM
AND NOW, this 11th day of July, 2024, the Petition for Allowance of Appeal is GRANTED. The issue, rephrased for clarity, is:
Because flight alone by an individual at the sight of police does not provide the necessary reasonable suspicion of criminal activity for a stop, does it violate Article I, Section 8 to hold that there is reasonable suspicion based solely on the location of the flight in a "high crime area," a factor that involves no additional conduct by the person police pursue and stop?
The parties are directed to address in their merits briefs whether Petitioner Phillip Shivers preserved his "departure claim" in light of this Court’s decisions in Commonwealth v. Bishop, 655 Pa. 270, 217 A.3d 833 (2019), and Commonwealth v. Alexander, 664 Pa. 145, 243 A.3d 177 (2020).