Pennsylvania v. Mimms

Per Curiam.

Petitioner Commonwealth seeks review of a judgment of the Supreme Court of Pennsylvania reversing respondent’s conviction for carrying a concealed deadly weapon and a firearm without a license. That court reversed the conviction because it held that respondent’s “revolver was seized in a [*107] manner which violated the Fourth Amendment to the Constitution of the United States.” 471 Pa. 546, 548, 370 A. 2d 1157, 1158 (1977). Because we disagree with this conclusion, we grant the Commonwealth’s petition for certiorari and reverse the judgment of the Supreme Court of Pennsylvania.

The facts are not in dispute. While on routine patrol, two Philadelphia police officers observed respondent Harry Mimms driving an automobile with an expired license plate. The officers stopped the vehicle for the purpose of issuing a traffic summons. One of the officers approached and asked respondent to step out of the car and produce his owner’s card and operator’s license. Respondent alighted, whereupon the officer noticed a large bulge under respondent’s sports jacket. Fearing that the bulge might be a weapon, the officer frisked respondent and discovered in his waistband a .38-caliber revolver loaded with five rounds of ammunition. The other occupant of the car was carrying a .32-caliber revolver. Respondent was immediately arrested and subsequently indicted for carrying a concealed deadly weapon and for unlawfully carrying a firearm without a license. His motion to suppress the revolver was denied; and, after a trial at which the revolver was introduced into evidence, respondent was convicted on both counts.