The Commonwealth takes the radical position that police have a duty to
stop and frisk when they receive information from any source that a suspect has
a gun. Since it is not illegal to carry a licensed gun in Pennsylvania,4 it is
difficult to see where this shocking idea originates, notwithstanding the
Commonwealth's fanciful and histrionic references to maniacs who may spray
schoolyards with gunfire and assassins of public figures who may otherwise go
undetected. Even if the Constitution of Pennsylvania would permit such
invasive police activity as the Commonwealth proposes -- which it does not --
such activity seems more likely to endanger than to protect the public.
Unnecessary police intervention, by definition, produces the possibility of
conflict where none need exist.
Contrary to the Commonwealth's view, the public will receive its full
measure of protection by police who act within the restraints imposed on them
by Art. I, § 8 of the Constitution of Pennsylvania and this court's relevant
caselaw. Upon receiving unverified information that a certain person is
engaged in illegal activity, the police may always observe the suspect and
conduct their own investigation. If police surveillance produces a reasonable
suspicion of criminal conduct, the suspect may, of course, be briefly stopped
4 In all parts of Pennsylvania, persons who are licensed may carry concealed firearms. 18 Pa.C.S.
§ 6108. Except in Philadelphia, firearms may be carried openly without a license. See Ortiz v.
Commonwealth, ___ Pa. ___, ___, 681 A.2d 152, 155 (1996) (only in Philadelphia must a person obtain a
license for carrying a firearm whether it is unconcealed or concealed; in other parts of the
Commonwealth, unconcealed firearms do not require a license).