Johnson v. United States

I respectfully dissent. I would hold that the trial court erred by denying Johnson’s motion to suppress, and, because the erroneously admitted evidence was not harmless beyond a reasonable doubt, I would reverse and remand for a new trial.1

*372The central question in this case is whether the Philadelphia police had reasonable, articulable suspicion to believe that Johnson “might be armed and pose a danger to their safety before the frisk occurred.” Maj. Op. 363. The majority holds that they did. Id. To analyze the correctness of the majority’s conclusion, I first consider when the frisk commenced…