PHILADELPHIA (KYW Newsradio) — District Attorney Larry Krasner discussed the limitations of search and seizure laws when he announced the conviction and sentencing of a 39-year-old Philadelphia man charged with narcotics distribution and illegal firearm possession in 2020. He says it has become difficult to go after people who have guns.
Krasner said the manner in which Kevin Walker was taken into custody speaks to the challenges of search and seizure.
“There have been situations in which they can actually wave that gun on the street, and there is no basis for police to approach them to know if they have a permit to carry,” Krasner said. “I know that sounds insane. It is insane.”
Assistant District Attorney Tyler Pittinger, with the DA’s Major Trials Unit, explained that on Oct. 4, 2020, a detective observed Walker and another man passing a gun back and forth on Germantown Avenue near Broad Street in North Philadelphia.
Under case law, the detective didn’t have enough to approach him. Instead, he assembled officers to arrive in marked units to see Walker’s reaction. It was only after Walker ran off that he was pursued and taken into custody.
“If it had not been handled correctly on the street, it would have resulted in a successful motion to suppress,” which would have excluded evidence gathered in that action from consideration at the trial, Krasner said.
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“It has become so difficult anymore, with recent decisions by the U.S. Supreme Court and Pennsylvania courts about search and seizure.”
In Philadelphia, a permit is needed for an individual to conceal and carry or to have a firearm in their car. As someone convicted of a crime, Walker was not permitted to have a gun at all.
“Kevin Walker is the poster guy for someone who needs to be locked up, because he poses a danger to the community,” Krasner said.
Walker, according to officials, has a long rap sheet. ADA Pittinger says Walker has been violating the law for the past 23 years, going back to when he was just 14 years old.
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“He was an adjudicated delinquent for possession with intent to deliver [narcotics]. And as a juvenile, he has two adjudications of delinquencies for possessing a firearm as a minor and possessing firearms with altered serial numbers,” said Pittinger.
He added that Walker had a .40 caliber Glock in his possession with 13 rounds in the magazine, one in the chamber, and an extended magazine with 19 rounds in his pocket when he was arrested. Walker was charged with possession with the intent to deliver crack cocaine, possession of a weapon by a felon, and conspiracy.
“We asked for a high sentence,” he said, adding the judge gave Walker nine to 18 years, “and we believe it was a justified sentence.”
Meanwhile, Krasner delivered his weekly crime update, noting that so far this year the city has seen 350 homicides, compared to 343 around the same time last year. Last week, there were six homicides and 35 non-fatal shootings, and 152 gun-related incidents resulting in 89 arrests.