Page 14 - PCPA Fall 2024 Bulletin Magazine

PA CHIEFS OF POLICE ASSOCIATION
CHRIS BOYLE'S LEGAL UPDATE
Chris Boyle's Legal Update
By: Chris Boyle, Esq., Chris Boyle Law Enforcement Consulting, LLC
COMMENT: “We now find that police officers may, as a
reasonable precaution for their safety, remove a firearm
they see in plain view that is accessible by the driver,
during an ongoing valid traffic stop as a matter of
course.” Well, it’s about damn time! A lot of confusion
out there has been remedied by the Superior Court in
this decision. The question remains whether it is always
wise to remove a firearm (especially when the weapon
is holstered on a permitted citizen), but at least the
confusion as to what we are allowed to do has been
cleared up! Be well and stay safe everyone- CB
Christopher P. Boyle, Esq.
Commonwealth
v.
Hawkins-Davenport
Superior Court of Pennsylvania
July 2, 2024, Decided; July 2, 2024, Filed
No. 798 EDA 202
LT. CHRISTOPHER BOYLE #125 (RET.)
is a fifth-generation Police Officer and
attorney. He spent the first sixteen
years of his professional life with the
Philadelphia Police Department, retiring
as a Lieutenant. The next sixteen years
were spent training, consulting for, and
defending Police Officers and their
Departments as a Trial Attorney and
Law Enforcement Expert. In 2020, Chris
formed “Chris Boyle Law Enforcement
Consulting, LLC” to provide training,
subject matter expertise and consultation
services to law enforcement and the legal
profession. He is a nationally recognized
law enforcement expert, frequently called
upon to deliver seminars and other
training on a variety of topics. He is also a
proud member of the Pennsylvania Chiefs
of Police Association who can be reached
at: ChrisBoyle125@ChrisBoyleConsulting.
com or (215) 919-7879.
The material in this law alert has been
prepared by Chris Boyle. It is solely
intended to provide information on recent
legal developments and is not intended
to provide legal advice for a specific
situation or to create an attorney-client
relationship.
2024 Pa. Super. LEXIS 271 *; 2024 PA Super
135COMMONWEALTH OF PENNSYLVANIA, Appellant
v. DEVAGHN HAWKINS-DAVENPORT
Prior History: [*1] Appeal from the Order Entered
February 21, 2023. In the Court of Common Pleas of
Philadelphia County. Criminal Division at No(s): CP-51-
CR-0005188-2021.
Counsel: For Commonwealth of Pennsylvania,
Appellant: Lawrence Jonathan Goode, Philadelphia
Da's Office, Philadelphia, PA; Michael Lee Erlich,
Philadelphia District Attorney's Office, Philadelphia, PA.
For Devaghn Hawkins-Davenport, Appellee: Aaron
Joshua Marcus, Victor Edward Rauch, Keisha Nicole
Hudson, Michael John Andrews Wood, Defender
Association of Philadelphia, Philadelphia, PA.
Judges: BEFORE: LAZARUS, P.J., PANELLA, P.J.E.,
and BECK, J. OPINION BY PANELLA, P.J.E.
Opinion by: PANELLA
Opinion
OPINION BY PANELLA, P.J.E.:
The Commonwealth appeals from the Philadelphia
County Court of Common Pleas' order granting
Devaghn Hawkins-Davenport's motion to suppress
the firearm police saw in plain view during a traffic
stop as well as statements Hawkins-Davenport made
during that stop. The Commonwealth primarily argues
that one of the two officers who effectuated the traffic
stop properly removed the firearm openly laying on
the passenger seat of Hawkins-Davenport's vehicle
for the officers' safety and the trial court erred by
finding otherwise. Specifically, the Commonwealth
[*2] contends the court erred by concluding the officer
unlawfully removed the firearm without first knowing
that Hawkins-Davenport illegally possessed the gun.
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