Commonwealth v. Benson

The majority concludes that, upon a motion to suppress, the Commonwealth need not offer any basis for issuance of a radio report relied upon exclusively by the police officer stopping appellant Jesse Benson. I dissent. Like any other police conduct, the decision to issue a radio report upon which investigating officers rely is not immune from scrutiny under the Constitution.

A Philadelphia police officer stopped appellant while appellant was driving an automobile. The officer, before making the stop, did not observe appellant violating any traffic laws, the Crimes Code, or otherwise engaging…