Pennsylvania v. Cost (majority)
Annotate this CaseAppellant Harold Cost was arrested for various firearms offenses and filed a motion to suppress. At an ensuing hearing, the lead investigating officer initially explained that he was patrolling a high crime area in Philadelphia in an unmarked vehicle at approximately 9 p.m., when his partner observed Appellant and three other individuals in an alley. The officer suspected "there might be something going on back there," and circled back around the block to stop in front of the alleyway. The officer did not activate his vehicle's sirens or lights, but did announce "police" when exiting the vehicle. The issue this case presented for the Pennsylvania Supreme Court's review centered on whether a seizure occurred during this police-citizen encounter, specifically the officer’s retention of appellant's identification card. The question reduced to whether a reasonable person would have felt free to ignore the police presence and proceed about his business while, amongst the other circumstances presented, the person was questioned by police as an officer continued to hold his identification and conduct a warrant check. The Court concluded, as did the suppression court, appellant was indeed seized.
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