Com. v. Sweets, S.
CourtSuperior Court of Pennsylvania
Date FiledNovember 10, 2026
Docket1031 EDA 2025
JudgeNichols
StatusUnpublished
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Full Opinion
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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
Appellant :
:
:
v. :
:
:
SHABAZZ SWEETS : No. 1031 EDA 2025
Appeal from the Order Entered April 9, 2025
In the Court of Common Pleas of Philadelphia County Criminal Division at
No(s): CP-51-CR-0005280-2023
BEFORE: PANELLA, P.J.E., NICHOLS, J., and KING, J.
MEMORANDUM BY NICHOLS, J.: FILED NOVEMBER 10, 2026
The Commonwealth appeals from the order granting Appellee Shabazz
Sweets’ motion to suppress.1 On appeal, the Commonwealth contends that
the suppression court erroneously concluded the police officer’s encounter
with Appellee was not supported by reasonable suspicion. After careful
review, we reverse and remand for further proceedings.
The trial court set forth the following factual and procedural history:
At the time of [the April 9, 2025 suppression hearing],
[Philadelphia Police Officer Jason] Keen had been a police officer
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1 In its notice of appeal, the Commonwealth certified that the trial court’s
suppression order would terminate or substantially handicap the prosecution
of its case. See Pa.R.A.P. 311(d) (stating that “in a criminal case, under the
circumstances provided by law, the Commonwealth may take an appeal as of
right from an order that does not end the entire case where the
Commonwealth certifies in the notice of appeal that the order will terminate
or substantially handicap the prosecution”); see also Notice of Appeal,
4/21/25; Commonwealth’s Brief at 1.
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in the 25th District for nine years, where he often responded to
calls for violent crimes, as well as firearms and narcotic offenses.
[Philadelphia Police Officer Anthony] Ramuno was on duty as a
Philadelphia police officer detailed to highway patrol. Two other
officers, Officer Donnelly and Officer Murphy, were present at the
scene but did not testify.
On July 10, 2023, at approximately 7:30 PM, Officers Keen,
Ramuno, Donnelly, and Murphy were on duty in full uniform,
driving north on [North] Franklin [Street] in the 25 th District, with
Officer Keen operating a marked patrol vehicle. As he was driving
northbound on [North Franklin Street], Officer Keen observed
Appellee standing in the running lane on the north end of the 3900
block of North Franklin Street, speaking with another male.
Officer Keen noted that Appellee was wearing a large fanny pack,
approximately twelve by sixteen inches, that was large enough to
hold a small laptop, while the other individual did not have a bag.
Appellee was not observed engaging in any sort of criminal
activity, and there was no visible outline of a firearm inside the
bag.
As Officer Keen drove north towards Appellee, Appellee looked in
the direction of the car, adjusted his bag, and stepped onto the
sidewalk. He then began to walk west and adjusted his bag again.
Officer Keen turned left onto Luzerne [Avenue] to follow Appellee,
who walked west on the sidewalk behind a large box truck. Officer
Keen watched Appellee’s feet as he walked underneath the box
truck before slowing down and stopping roughly parallel to the
truck to observe Appellee. Officer Keen testified that he observed
Appellee stop, turn around, and re-enter his view from beyond the
box truck, before turning back and walking toward the truck. In
contrast, Officer Ramuno testified that Appellee was standing
behind the box truck and did not have an opportunity to pass the
box truck before stopping the vehicle. Officer Keen, in full
uniform, then exited the car and approached Appellee. Officer
Keen attempted to stop Appellee by saying something to the effect
of “Yo, my man.” After Officer Keen [] made this statement[]
he[,] along with Officer Ramuno, continued to approach[]
Appellee and [at that time] Appellee and the unknown male both
began to run.
A chase ensued as Appellee ran northbound on the 4000 block of
North Darien [Street], with the officers in pursuit both on foot and
in their vehicle. During this pursuit, the unknown male with whom
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Appellee was conversing was seen on bodycam footage running
past Officer Keen, who made no effort to stop him. The unknown
man turned and ran toward Officer Donnelly. Not one of the four
officers pursued this unknown male.
Appellee fled into an open lot between Darien and 9 th Street[s],
and then through an overgrown, littered alleyway. Officer
Ramuno, who pursued Appellee through the alleyway on foot,
briefly lost sight of him, but found Appellee on some steps in the
rear yard of a home. The bag was next to him on the stairs.
Officer Ramuno did not witness Appellee produce a firearm during
the pursuit.
Officer Ramuno detained Appellee. On the body worn camera
footage, Officer Ramuno can be seen escorting [Appellee] out of
the alleyway, as Appellee stumbled over an abandoned tire lying
on the ground. Officer Ramuno looked at the tire and saw a gun.
The firearm was recovered. Officer Ramuno ran [] Appellee’s
information through NCIC/PCIC and found that he did not have a
license to carry a firearm.
[] Appellee was arrested [and charged with one count each of]
firearms not to be carried without a license, carry[ing] firearms in
public in Philadelphia, and make repairs/sell[] offensive weapon. [2]
A preliminary hearing was conducted on July 26, 2024, at which
time [Appellee] was held for court on all charges. The pre-trial
conference took place on January 17, 2024.
On April 9, 2025, the waiver trial was listed, and a motion to
suppress was litigated. [The trial court] granted the motion to
suppress.
The Commonwealth then filed a notice of interlocutory appeal to
the Superior Court of Pennsylvania on April 21, 2025. On April
22, 2025, a [Pa.R.A.P.] 1925(b) order was issued. The
Commonwealth timely filed a statement of errors on April 30,
2025[.]
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2 18 Pa.C.S. §§ 6106(a), 6108, and 908(a), respectively.
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Suppression Ct. Op., 6/20/25, at 1-4 (footnotes and citations omitted; some
formatting altered). The suppression court subsequently complied with
Pa.R.A.P. 1925.
The Commonwealth raises the following issue for our review:
Did the [trial] court erroneously suppress the abandoned firearm
found near [Appellee] during a lawful investigative detention that
was supported by reasonable suspicion?
Commonwealth’s Brief at 4.
On appeal, the Commonwealth contends that it “proved at the
suppression hearing that the police lawfully seized a firearm found abandoned
near where [Appellee] fled from a lawful investigative detention supported by
reasonable suspicion.” Id. at 10. The Commonwealth, conceding that the
officers’ giving chase to Appellee once he started running constituted an
investigatory detention, argues that Appellee was present in a high-crime area
and engaged in unprovoked flight. Id. at 15.
Our standard of review for a challenge to the grant of a motion to
suppress is well settled:
When the Commonwealth appeals from a suppression order, we
follow a clearly defined standard of review and consider only the
evidence from the defendant’s witnesses together with the
evidence of the prosecution that, when read in the context of the
entire record, remains uncontradicted. The suppression court’s
findings of fact bind an appellate court if the record supports those
findings. The suppression court’s conclusions of law, however, are
not binding on an appellate court, whose duty is to determine if
the suppression court properly applied the law to the facts.
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Commonwealth v. Korn, 139 A.3d 249, 252-53 (Pa. Super. 2016) (citation
omitted).
Further, while “[o]ur standard of review is restricted to establishing
whether the record supports the suppression court’s factual findings[,] . . . we
maintain de novo review [of] the suppression court’s legal conclusions.” Id.
at 253 (citation omitted). Additionally, this Court has explained:
With respect to a suppression court’s factual findings, it is the sole
province of the suppression court to weigh the credibility of the
witnesses. Further, the suppression court judge is entitled to
believe all, part[,] or none of the evidence presented.
At a suppression hearing, the Commonwealth has the burden of
establishing by a preponderance of the evidence that the evidence
was properly obtained.
Commonwealth v. Heidelberg, 267 A.3d 492, 499 (Pa. Super. 2021) (en
banc) (citations omitted and some formatting altered), abrogated on other
grounds by Commonwealth v. Steadly, 360 A.3d 799 (Pa. 2026).
As this Court has previously stated:
The Fourth Amendment to the United States Constitution and
Article I, Section 8 of the Pennsylvania Constitution guarantee the
right of the people to be secure in their persons, houses, papers,
and possessions from unreasonable searches and seizures. To
secure the rights of citizens to be free from unreasonable search
and seizure, courts in Pennsylvania require law enforcement
officers to demonstrate ascending levels of suspicion to justify
their interactions with citizens to the extent those interactions
compromise individual liberty.
An investigative detention, unlike a mere encounter, constitutes a
seizure of a person and thus activates the protections of Article I,
Section 8 of the Pennsylvania Constitution. To institute an
investigative detention, an officer must have at least a reasonable
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suspicion that criminal activity is afoot. Reasonable suspicion
requires a finding that[,] based on the available facts, a person of
reasonable caution would believe the intrusion was appropriate.
Commonwealth v. Miller, 333 A.3d 470, 477 (Pa. Super. 2025) (citations
omitted and some formatting altered). “The determination of whether an
officer had reasonable suspicion that criminality was afoot so as to justify an
investigatory detention is an objective one, which must be considered in light
of the totality of the circumstances.” Commonwealth v. Davis, 102 A.3d
996, 1000 (Pa. Super. 2014) (quoting Commonwealth v. Holmes, 14 A.3d
89, 96 (Pa. 2011)). It is axiomatic, however, that an officer’s “mere hunch,”
without more, cannot establish reasonable suspicion. Commonwealth v.
Lewis, 343 A.3d 1016, 1038 (Pa. 2025) (quoting Navarette v. California,
572 U.S. 393, 397 (2014)).
In considering the totality of the circumstances, “appellate courts have
disapproved of a ‘divide-and-conquer’ approach of considering individual
factors in isolation from each other.” Commonwealth v. Benitez, 218 A.3d
460, 471 (Pa. Super. 2019) (citations omitted). Further, a “suppression court
is not foreclosed from concluding that reasonable suspicion” existed even
“where one could say that the conduct of a person is equally consistent with
innocent activity[.]” Id. (citation omitted). Ultimately, in conducting a
reasonable suspicion inquiry, a suppression court is required to afford “due
weight to the specific, reasonable inferences drawn from the facts in light of
the officer’s experience.” Id. (citation omitted).
A recent panel of this Court held as follows:
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A determination as to whether an officer possessed the requisite
reasonable suspicion requires an evaluation of the totality of the
circumstances, weighing factors including: the officer’s knowledge
of crime levels in the area at the time of the stop; unprovoked
flight by the subject; and the subject’s furtive behavior. See
Commonwealth v. Foster, 356 A.3d 747, 760 (Pa. 2026);
Commonwealth v. Barnes, 296 A.3d 52, 57 (Pa. Super. 2023);
Commonwealth v. Jefferson, 853 A.2d 404, 405 (Pa. Super.
2004). Law enforcement must “point to specific and articulable
facts” that would make a reasonable officer “believe criminal
activity is afoot [ ] in assessing the totality of the circumstances.”
Commonwealth v. Adams, 205 A.3d 1195, 1200-03 (Pa. 2019).
For flight in a high crime area to factor into reasonable suspicion,
the police officer conducting the investigatory stop must possess
knowledge of the crime level at the time of the investigatory stop.
Foster, 356 A.3d at 760-61. In Jefferson, police were patrolling
the area where a shooting had recently occurred and drug sales
were common. Jefferson, 853 A.2d at 405. They encountered
the defendant, who immediately ran away. Id. This Court held
that the combination of the encounter taking place in a high crime
area and the defendant’s unprovoked flight after seeing the officer
together established reasonable suspicion. Id. at 406; see also
Barnes, 296 A.3d at 57 (holding unprovoked flight in a high crime
area establishes reasonable suspicion necessary for investigatory
stop).
Commonwealth v. Scott, ---A.3d---, 2026 WL 2604460 at *4 (Pa. Super.
filed Sept. 3, 2026). As this Court has also recently held, an individual’s mere
presence alone in a high-crime area does not rise to the level of reasonable
suspicion; however, it may be considered as a factor in determining whether
reasonable suspicion existed. See Commonwealth v. Correa, ---A.3d---,
2026 WL 2253292 at *4 (Pa. Super. filed Aug. 5, 2026) (citing In re D.M.,
781 A.2d 1161, 1163-64 (Pa. 2001)). Likewise, an individual’s possession of
a concealed firearm in public alone does not rise to the level of reasonable
suspicion. See Commonwealth v. Hicks, 208 A.3d 916, 936 (Pa. 2019);
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see also Commonwealth v. Toliver, 355 A.3d 920, 936 (Pa. Super. 2026)
(applying Hicks).
Reasonable suspicion is the standard by which the Court evaluates the
legitimacy of investigatory stops. See Scott, 2026 WL 2604460 at *3. As
noted, not all interactions with police, even in high-crime areas, rise to this
level of scrutiny. See id. The law recognizes three distinct levels of
interaction between police officers and citizens: mere encounters,
investigative detentions, and custodial detentions. See id. “The hallmark of
[a mere encounter] is that it carries no official compulsion to stop or respond
and, therefore, need not be justified by any level of police suspicion.” See id.
Conversely, “an investigative detention carries an official compulsion to stop
and respond. Since this interaction has elements of official compulsion, it
requires reasonable suspicion of unlawful activity.” 3 See id. Essentially, then,
the Court asks whether the citizen “had reason to believe that he was not free
to leave the interaction” when determining whether a police stop qualifies as
a mere encounter or an investigatory stop. See id. at *4.
Our decision in Scott is instructive. In Scott, Philadelphia Police officers
were surveying an area in response to a shooting that had recently taken place
four blocks away. See id. at *1. The police chose this area to survey because
of a known gun feud taking place in the area between two groups. See id.
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3 The third distinct police interaction category is custodial detention, which is,
“practically speaking, the functional equivalent of an arrest.” This highest
level of scrutiny necessitates probable cause and is not relevant to the instant
facts. Scott, 2026 WL 2604460 at *3.
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One of the officers on patrol saw the defendant “walking down the street with
a woman. [The officer] said, “hey man” to [the defendant and the defendant]
looked shocked, grabbed his cross-body bag, and fled.” Id. The officer gave
chase to the defendant over two blocks, and during the chase, the officer saw
the butt and barrel of a gun in the defendant’s hand while he was running.
See id.
On appeal, the Scott Court held that the evidence established that the
police officer had the requisite reasonable suspicion required for an
investigatory detention. See id. at *5. First, this Court noted that the
Commonwealth presented sufficient information that the area in question was
a high crime area. See id. This Court next noted that the defendant’s flight
was unprovoked. See id. Finally, this Court concluded that the defendant
“exhibited suspicious behavior when his eyes widened and he instantly
grasped his cross-body bag upon seeing the officers.” Id.
In the instant case, the suppression court reached the following
conclusion:
The Commonwealth’s primary argument was that Officer Keen
possessed reasonable suspicion to seize Appellee as a result of his
unprovoked flight in a high-crime area. The assertion that this
was a high-crime area is supported by Officer Keen’s assertion
that firearm offenses were common in the neighborhood.
However, in making its factual findings, [the suppression court]
expressly rejected the notion that Appellee’s flight alone prompted
the pursuit. Instead, [the suppression court] found that the
officers suspected Appellee of having something in his fanny pack,
wanted to know what was inside that bag, and thus, decided to
chase him[,] not because he fled without provocation in a high-
crime area nor because they observed him engaged in any
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suspicious activity, but rather because he had a fanny pack.
Having found no credible evidence that Appellee engaged in – or
prepared to engage in – any criminal activity, and having no lawful
basis for initiating an investigative detention except for Appellee’s
mere presence in a high-crime area with a fanny pack, the seizure
was unsupported from its inception. Accordingly, [the
suppression court] did not credit the insinuation that Appellee’s
flight was unprovoked and that officers [Keen] and Ramuno
chased Appellee due to his unprovoked flight.
Indeed, the fact that the other man who fled alongside Appellee
was not pursued confirms that possession of the bag alone
prompted officers’ seizure of [Appellee]. Had the officers not
intended to investigate Appellee and his bag, they would have
chased and detained both individuals. Instead, they ignored the
companion who ran alongside Appellee for over a block,
demonstrating a singular focus on Appellee from the moment
Officer Keen stepped out of the car and called [to] him. This
selective pursuit demonstrates that the officers’ intent was to
investigate Appellee and the contents of his bag, not to question
both individuals. Because the officers lacked reasonable,
articulable suspicion to investigate, chase[,] and detain Appellee,
the ensuing seizure was unlawful, and any evidence obtained as a
result must be suppressed.
Neither Officer Keen nor Officer Ramuno testified to seeing
Appellee slip contraband into the bag, remove anything from it, or
handle it in a manner that would warrant suspicion of narcotics or
firearm possession. Appellee did nothing more than carry and
occasionally adjust the bag on his shoulder and hip – actions that
are wholly insufficient to support reasonable suspicion. By
choosing to single out and chase only Appellee while ignoring the
other man who likewise fled, the officers made plain that the bag
– not any unprovoked flight – sparked their inquiry and motivated
the chase.
Mere possession of an innocuous item, such as a fanny pack, does
not, by itself, justify reasonable suspicion that contraband or
weapons are concealed within. Although reasonable suspicion for
a Terry stop has a lower threshold than probable cause, it cannot
rest on a mere hunch or on a person’s mere presence in a high-
crime area. Further, the officers cannot point to specific and
articulable facts that warrant their initial suspicion. Appellee’s
fanny pack was neither unusually bulky nor externally indicative
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of contraband, and he never reached inside it. In the absence of
additional indicia – such as a visible bulge suggesting a weapon,
furtive gestures toward the bag, or a tip identifying Appellee as
engaged in criminal activity – there was no objective basis to
single him out and seize him. Without specific, articulable facts,
reasonable suspicion cannot be premised solely on geographical
location or the lawful possession of a bag in a high-crime area.
Trial Ct. Op., 6/20/25, at 9-10 (citations and footnotes omitted).
Based on our review of the record, we find that the suppression court
erred when it granted Appellee’s motion to suppress. See Korn, 139 A.3d at
252-53. The parties do not dispute that the interaction between Officers Keen
and Ramuno and Appellee took place in a high crime area and the suppression
court agreed with this assessment. See Suppression Ct. Op., 6/20/25, at 9;
see also Lewis, 343 A.3d at 1035-36 (setting forth criteria suppression
courts must consider when determining whether the Commonwealth met its
burden in establishing that an area is high in crime). Indeed, Officer Keen
testified that he both responded to calls and made arrests for a wide variety
of offenses in the area, including robberies, drug offenses, aggravated
assaults, homicides, and firearms offenses. See N.T. Suppression Hr’g,
4/9/25, at 7. Specifically, Officer Keen testified that he had made
approximately 40 firearms arrests within a five-block radius of 700 West
Luzerne Avenue, and approximately 200 firearms arrests within the 25 th Police
District. See id. at 7-8.
The record before us bears a striking resemblance to Scott in several
ways. Indeed, here, the record reflects that Officer Keen observed Appellee
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on North Franklin Street wearing a large “fanny pack,” which Officer Keen
described as being large enough to potentially fit a “small laptop.” See id. at
8-9. Officer Keen observed Appellee conversing with another person. Id. As
Officer Keen was driving north on North Franklin Street, he observed Appellee
adjusting his bag as he looked toward Officer Keen’s marked police vehicle.
Id. Officer Keen then observed Appellee walk toward the sidewalk on the
west side of North Franklin Street. Id. Appellee walked to the corner of North
Franklin Street and Luzerne Avenue, at which point he adjusted his bag again.
Id. Officer Keen exited his vehicle and addressed Appellee, saying to him,
“yo, my man,” at which point Appellee fled, and Officer Keen gave chase. Id.
at 11.
During cross examination, Officer Keen admitted that he did not observe
Appellee do anything illegal. Id. at 17. Officer Keen further testified that the
person with whom Appellee was conversing had also started running at the
same time as Appellee. Id. at 20. The trial court also heard testimony from
Officer Ramuno, who testified that, when he first observed Appellee, he did
not observe Appellee engaging in any criminal activity. Id. at 30.
Officer Ramuno further testified that, after ultimately locating and
apprehending Appellee, Officer Ramuno and another officer took Appellee
through an alleyway back to Luzerne Avenue. Id. at 25. As they were going
through the alleyway, Appellee kicked an abandoned tire on the ground. Id.
at 26. After Appellee kicked the tire, Officer Ramuno’s attention was directed
toward the tire, at which point he observed a firearm under the tire. Id. On
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cross-examination, Officer Ramuno admitted that he did not observe any
outline of a firearm inside the bag that Appellee was carrying, nor did he
observe Appellee “produce a firearm.” Id. at 31-32.
As in Scott, in the instant case, the police first encountered Appellee in
a high-crime area. See id., at 6-8; Scott, 2026 WL 2604460 at *5. Initially,
like in Scott, the encounter between police and Appellee began as a mere
encounter and did not require reasonable suspicion. See Scott, 2026 WL
2604460 at *4. As the Scott Court explained, “A mere encounter escalates
to an investigatory stop requiring reasonable suspicion when an officer
temporarily detains a pedestrian by physical force or a display of authority in
a way that the pedestrian does not reasonably feel free to leave.” Id. at *4
(citations omitted). The Scott Court reasoned the mere encounter escalated
into an investigatory detention only after Scott fled. Id. at *5.
Likewise, in the instant case, immediately after the police approached
Appellee as part of a mere encounter, he fled. See id. at *5; see also N.T.
Suppression Hr’g, 4/9/25, at 11. As this Court has repeatedly held,
unprovoked flight in a high-crime area is sufficient to articulate reasonable
suspicion to justify an investigatory detention. See id. at *4; see also
Commonwealth v. Walton, 197 EDA 2025, 2026 WL 1864048 at *3 (Pa.
Super. filed June 29, 2026) (unpublished mem.)4 (citing Commonwealth v.
Warren, 350 A.3d 1018, 1027 (Pa. Super. 2025)). Accordingly, we find that
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4 We may cite to this Court’s unpublished memoranda filed after May 1, 2019
as persuasive authority. See Pa.R.A.P. 126(b).
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the police possessed the requisite reasonable suspicion to conduct an
investigative detention when Appellee fled. For these reasons, we reverse the
trial court’s order granting Appellee’s motion to suppress and remand for
further proceedings.
Order reversed. Case remanded. Jurisdiction relinquished.
Date: 11/10/2026
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