Justice Daniel Conviser
Carter was charged with criminal possession of a weapon. A hearing was conducted to decide if his arrest was supported by probable cause and if property seized from Carter was lawfully recovered. An officer received a radio run that an individual was shot, and indicated that several "young males of either black or Hispanic" descent were seen fleeing the scene. The officer discerned the approximate location and observed two young men walking "briskly," as one was adjusting his shirt, indicative of someone changing his appearance. Upon approaching the men, the officer conducted a pat-down frisk, finding a plastic bag, that appeared heavy and contained a weapon, feeling a gun. The officer arrested Carter, while the other suspect fled. The court found the officer’s actions were justified at their inception as he had a reasonable suspicion that criminal activity was afoot, including that Carter was armed. It ruled that a difficult task suppression courts have was assessing an officer’s credibility as a witness as the only evidence was presented by police. Yet, here, the officer’s testimony was fully corroborated by Carter’s statement. Hence, the evidence and analysis demonstrated police acted lawfully, denying suppression.
