The Guns of Lazarus Thorne

Toys R Us founder Charles Lazarus dies at 94, as toy empire liquidates

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The King of Horror is back, and he packs a punch. The Lazarus Effect Stars: Will Smith, Margot Robbie Director: Glenn Ficarra, John Requa Synopsis: Who is even going to watch this? Why are you doing this to us? Sponge Out Of Water Stars: The officer ordered the defendant to get out of the car, saw bulges in his front pants' pockets and ordered him to empty his pockets.

Although Reppert did not comply the first time he was asked, he ultimately emptied his pockets, which contained cash, marijuana and drug paraphernalia. Reppert filed an unsuccessful suppression motion in the trial court and he was convicted and sentenced. On appeal, our Court reversed the denial of suppression, finding that "the prior traffic stop Our Court concluded that once the driver was questioned and the officer accepted his explanation for the expired stickers, the traffic stop had concluded and there was no further reason to detain the driver or its occupants.

Moreover, the Court reasoned that the officer's direction to Reppert to exit the vehicle was "unrelated to any traffic infraction and was not a necessary element of the prior traffic stop. We find the facts and circumstances surrounding the vehicle stop in the instant case distinguishable from those in Reppert. First, we note that here the officers had probable cause to stop Thorne's vehicle when they saw the driver disregard a stop sign.

When the officers were running the registration information in the police database, Officer Sweeney testified that he saw Thorne's body dip down in the passenger seat toward the floor and lean toward the console.

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In his experience as a police officer, Officer Sweeney testified that guns are often stored in the center console of cars. He also testified that several incidents of gun violence recently had occurred in that area. Based upon these facts, Officer Sweeney suspected that there was a weapon inside the vehicle, id. This, too, is legally permissible. When Thorne failed to comply with the officer's request to exit the vehicle, the officer forcibly tried to remove Thorne from the car.

At that point, Thorne "lunged toward the center console.

When Thorne was finally removed from the vehicle, Office Sweeney conducted a search of the passenger compartment of the car, including the center console, where the suppressed evidence was found. Here, the factors entering into Officer Sweeney's search of the car's center console were: Under a totality of the circumstances, we believe that Officer Sweeney had a reasonable belief, based on articulable actions taken by Thorne, that his safety was compromised.

COMMONWEALTH v. THORNE

Most instructive to the case at bar is the following analysis from our full Court in Commonwealth v. Here, we have exactly the facts that our Court mentioned were missing from the evidence in Cartagena. First, Thorne's presence in a high-crime area, where there had been three recent episodes of gun violence, is a factor supporting a determination that reasonable suspicion exists. Next, Thorne's "dipping" movements toward the floor and center console of the car, refusal to exit the car when asked by Officer Sweeney, and his lunging toward the center console when the officer was trying to remove him from the vehicle were acts consistent with an attempt to conceal or reach for a weapon.

See In Interest of O. Additionally, Officer Sweeney's law enforcement experience and personal knowledge of recent gun violence in the area supported his belief that there may have been a gun in the car; it was more than just a "hunch" as the trial court opined. Moreover, the officer's observation of Thorne's nervousness and quivering voice were additional factors justifying Officer Sweeney's reasonable suspicion.

Finally, the fact that the driver of the vehicle was a known gang member, while not determinative, is certainly a factor to be considered in assessing the reasonableness of Officer Sweeney's actions. Accordingly, we conclude that Officer Sweeney was permitted to search those portions of the passenger compartment of the car in which a weapon could be placed, such as a center console, Long, supra, and the trial court improperly suppressed the evidence uncovered during that search.

This was not a "classic case of [an officer's] overreaching reaction based upon an irrational suspicion or a predetermined decision to see if [he] could catch some gang members with their illegal weapons. Rather, as the trial court acknowledged at the conclusion of the suppression hearing, "it was prudent police activity. Listed below are the cases that are cited in this Featured Case.

Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case. Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case. Home Browse Decisions A.

View Case Cited Cases. Filed June 22, Attorney s appearing for the Case Lawrence J. The Commonwealth presents the following issue for our consideration: Did the suppression court err in ruling that experienced officers lacked reasonable suspicion to conduct a protective search of the center console of a car driven by a known gang member and in which defendant was the front-seat passenger where, upon stopping the car for a vehicle code violation at night in a high crime area in which gang shootings had recently taken place, defendant refused to exit the car and instead lunged toward the center console?

Instantly, the trial judge stated his reasons for granting suppression on the record:

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