Pennsylvania Superior Court · 2021
Commonwealth v. Malloy
You can ask a passenger whether he is armed, order him out, and hold his gun for the duration of a lawful stop — Malloy left all of that alone. What you cannot do is keep him there while you run his carry credentials. Once the officer secured Malloy's firearm, the safety rationale was spent, and a 10- to 15-minute extension to check his Act 235 status became an investigation of a separate crime that needed its own reasonable suspicion. Under Hicks, the gun alone does not supply it. Order denying suppression vacated; case remanded.
257 A.3d 142 (Pa. Super. 2021)
Find the opinion for Commonwealth v. MalloyPennsylvania Supreme Court · 2017
Commonwealth v. Myers
In Pennsylvania, the implied-consent law does not authorize a blood draw from an unconscious DUI arrestee. The statute gives every arrestee a right to refuse, and someone who is unconscious can't make a knowing and conscious choice, so there is no consent. Get a warrant or be able to show a real exigency.
164 A.3d 1162 (Pa. 2017)
Find the opinion for Commonwealth v. MyersPennsylvania Supreme Court · 2019
Commonwealth v. Hicks
In Pennsylvania, knowing only that someone is carrying a concealed gun is not reasonable suspicion to stop them, because many people are licensed to carry. You need other specific facts pointing to criminal activity. The gun alone won't justify a stop to check for a license.
652 Pa. 353 (2019)
Find the opinion for Commonwealth v. HicksEach summary was checked against the court’s majority opinion on September 30, 2026. Read the decision and follow your agency’s policy; this is reference guidance, not legal advice.
