Commonwealth v. Arch, 654 A.2d 1141 (Pa. Super. Ct. 1995). · Go Syfert
Commonwealth v. Arch, 654 A.2d 1141 (Pa. Super. Ct. 1995). Cases Citing This Book View Copy Cite
123 citation events (74 in the last 25 years) across 4 distinct courts.
Treatment trajectory · 1996 → 2026 · click a year to view as-of
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Top citers, strongest first. 46 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Com. v. Brookin, K., II (2×)
Pa. Super. Ct. · 2017 · quote attribution · 2 verbatim quotes · confidence high
this standard is met 'if the police officer observes unusual and suspicious conduct on the part of the individual seized which leads him reasonably to conclude that criminal activity may be afoot.
discussed Cited as authority (rule) Com. v. Hunter, A.
Pa. Super. Ct. · 2026 · confidence medium
A petitioner “claiming that counsel was ineffective for failing to move for suppression of evidence ‘must establish that … if the evidence had been suppressed, there is a reasonable probability the verdict would have been more favorable.’” Commonwealth v. Harper, 230 A.3d 1231 , 1236 (Pa. Super. 2020) (quoting Commonwealth v. Arch, 654 A.2d 1141, 1143 (Pa. Super. 1995)) (emphasis added).
discussed Cited as authority (rule) Com. v. Harrison, O.
Pa. Super. Ct. · 2025 · confidence medium
Arguments not appropriately developed are waived.” (citation omitted; emphasis added)). - 16 - J-S23023-25 reasonable probability the verdict would have been more favorable.” Harper, 230 A.3d at 1236 (quoting Commonwealth v. Arch, 654 A.2d 1141, 1143 (Pa. Super. 1995)).
discussed Cited as authority (rule) Com. v. Young, J.
Pa. Super. Ct. · 2024 · confidence medium
Commonwealth v. Arch, … 654 A.2d 1141, 1144 ([Pa. Super.] 1995). *** The Terry totality of the circumstances test applies to traffic stops or roadside encounters in the same way that it applies to typical police encounters.
discussed Cited as authority (rule) Com. v. Callum, B.
Pa. Super. Ct. · 2023 · confidence medium
Appellant must also establish that there was no reasonable basis for not pursuing the suppression claim and that if the evidence had been suppressed, there is a reasonable probability the verdict would have been more favorable.” Commonwealth v. Arch, 654 A.2d 1141, 1143 (Pa. Super. 1995).
discussed Cited as authority (rule) Com. v. Boyce, S.
Pa. Super. Ct. · 2023 · confidence medium
Here, because there was corroboration, by independent police investigation, of the criminal activity in the tip, Officer Sedler was permitted to infer that, “because an informant is right about some things, he or she is probably right about other - 12 - J-A24034-22 facts also, including the allegation that the object of the tip is engaged in criminal activity.” Jackson, 698 A.2d at 574 .10 It is the independent corroboration here that distinguishes this case from the “‘man with a gun’ anonymous tip” cases Boyce cites,11 including Commonwealth v. Anderson, 392 A.2d 1298 (Pa. 1978) (…
discussed Cited as authority (rule) Com. v. Singletary, W.
Pa. Super. Ct. · 2021 · confidence medium
The objective test “will not be satisfied by an officer’s ‘hunch’ or ‘unparticularized suspicion.’” Commonwealth v. Beasley, 761 A.2d 621, 626 (Pa. Super. 2000) (quoting Commonwealth v. Arch, 654 A.2d 1141, 1144 (Pa. Super. 1995)).
cited Cited as authority (rule) Com. v. Morrison, S.
Pa. Super. Ct. · 2020 · confidence medium
Commonwealth v. Arch, 439 Pa. Super. 606 , 654 A.2d 1141, 1144 (1995).
cited Cited as authority (rule) Com. v. Wells, B.
Pa. Super. Ct. · 2020 · confidence medium
Commonwealth v. Arch, 439 Pa. Super. 606 , 654 A.2d 1141, 1144 (1995).
discussed Cited as authority (rule) Com. v. Harper, D.
Pa. Super. Ct. · 2020 · confidence medium
A petitioner claiming that counsel was ineffective for failing to move for suppression of evidence “must establish that there was no reasonable basis for not pursuing the suppression claim and that if the evidence had been suppressed, there is a reasonable probability the verdict would have been more favorable.” Commonwealth v. Arch, 654 A.2d 1141, 1143 (Pa. Super. 1995) (citation omitted).
discussed Cited as authority (rule) Com. v. Harper, D.
Pa. Super. Ct. · 2020 · confidence medium
A petitioner claiming that counsel was ineffective for failing to move for suppression of evidence “must establish that there was no reasonable basis for not pursuing the suppression claim and that if the evidence had been suppressed, there is a reasonable probability the verdict would have been more favorable.” Commonwealth v. Arch, 654 A.2d 1141, 1143 (Pa. Super. 1995) (citation omitted).
discussed Cited as authority (rule) Com. v. Batty, J.
Pa. Super. Ct. · 2020 · confidence medium
Commonwealth v. Arch, 654 A.2d 1141, 1143 (Pa. Super. 1995) (while officer is prohibited from relying on unparticularized suspicion or “hunch” as basis for Terry stop, he or she may rely on police radio broadcast if suspect matches specific description given by individual who reported crime).
cited Cited as authority (rule) Com. v. Riley, S.
Pa. Super. Ct. · 2019 · confidence medium
Commonwealth v. Arch, 654 A.2d 1141, 1144 (Pa. Super. 1995).
discussed Cited as authority (rule) Com. v. Berry, S.
Pa. Super. Ct. · 2019 · confidence medium
"When an ineffectiveness claim is premised on the fact that trial counsel never moved for suppression, the appellant must first establish that there was no reasonable basis for counsel's inaction in the matter." Commonwealth v. Ervin, 691 A.2d 966, 973 (Pa. Super. 1997) ( citing Commonwealth v. Arch, 654 A.2d 1141, 1143 (1995)), "Second, the appellant must show that a reasonable probability exists that the verdict would have been more favorable if suppression had been granted." ld,_ 6 In this case, any motion to suppress the victim's identification of Appellant would have been meritless, and t…
cited Cited as authority (rule) Com. v. Jones, R.
Pa. Super. Ct. · 2019 · confidence medium
Commonwealth v. Arch, 654 A.2d 1141, 1144 (Pa. Super, 1995).
discussed Cited as authority (rule) Com. v. Johnson, A.
Pa. Super. Ct. · 2019 · confidence medium
Where an ineffectiveness claim is based on the failure of counsel to move for suppression of evidence, "the defendant must establish that there was no reasonable basis for not pursuing the suppression claim and that if the evidence had been suppressed, there is a reasonable probability the verdict would have been more favorable." Commonwealth v. Arch, 654 A.2d 1141, 1143 (Pa. Super. 1995) quoting Commonwealth v. Melson, 556 A.2d 836, 839 (Pa. Super. 1989).
cited Cited as authority (rule) Com. v. Simmons, L.
Pa. Super. Ct. · 2018 · confidence medium
Commonwealth v. Arch, [] 654 A.2d 1141, 1144 (Pa.Super. 1995).
discussed Cited as authority (rule) Com. v. Taylor, A.
Pa. Super. Ct. · 2017 · confidence medium
By Detective Gould’s own -8- J-A12010-17 admission, he had no more than his intuition and a hunch, and the law is clear that a police officer may not reach a conclusion that criminal activity is afoot based upon an “unparticularized suspicion” or “hunch.” See Commonwealth v. Arch, 654 A.2d 1141, 1144 (Pa. Super. 1995), citing Terry v. Ohio, 392 U.S. 1, 27 (1968).
discussed Cited as authority (rule) Com. v. Blenman, K.
Pa. Super. Ct. · 2017 · confidence medium
“A police officer cannot reach such a conclusion based upon an ‘unparticularized suspicion’ or ‘hunch.’” Commonwealth v. Arch, 654 A.2d 1141, 1144 (Pa. Super. 1995) (citation omitted). -5- J-S53025-17 presence in a high crime area alone or flight alone does not form the basis for reasonable suspicion.
discussed Cited as authority (rule) Com. v. Williams, R.
Pa. Super. Ct. · 2017 · confidence medium
An appellant must also “establish that there was no reasonable basis for not pursuing the suppression claim and that if the evidence had been suppressed, there is a reasonable probability the verdict would have been more favorable.” Commonwealth v. Arch, 654 A.2d 1141, 1143 (Pa. Super. 1995).
cited Cited as authority (rule) Com. v. Rhodes, J.
Pa. Super. Ct. · 2016 · confidence medium
Commonwealth v. Arch, 439 Pa.Super. 606 , 654 A.2d 1141, 1144 (1995).
discussed Cited as authority (rule) Com. v. Taylor, C. (2×) also: Cited "see"
Pa. Super. Ct. · 2016 · confidence medium
Where an ineffectiveness claim is based on a failure to pursue suppression of evidence, “the defendant must establish that there was no reasonable basis for not pursuing the suppression claim and that if the evidence had been suppressed, there is a reasonable probability the verdict - 12 - J-S77044-16 would have been more favorable.” Commonwealth v. Arch, 654 A.2d 1141, 1143 (Pa. Super. 1995) (citation omitted).
discussed Cited as authority (rule) Com. v. Waters, S.
Pa. Super. Ct. · 2016 · confidence medium
"A police officer need not personally observe the suspicious conduct leading to the reasonable belief needed for a Terry stop and may rely upon information received over the police radio to justify the initial stop." Commonwealth v. Arch, 654 A.2d 1141, 1144 (Pa. Super. 1995).
cited Cited as authority (rule) Com. v. Freeman, C.
Pa. Super. Ct. · 2016 · confidence medium
Commonwealth v. Arch, 654 A.2d 1141, 1143 (Pa.Super. 1995).
discussed Cited as authority (rule) Com. v. Kloss, D.
Pa. Super. Ct. · 2016 · confidence medium
In Commonwealth v. Arch, 654 A.2d 1141, 1143 (Pa. Super. 1995), the Superior Court states, "[ w]here the ineffectiveness claim is based on the failure of counsel to move for suppression of evidence, 'the defendant must establish that there was no reasonable basis for not pursuing the suppression claim and that if the evidence had been suppressed, there is a reasonable probability the verdict would have been more favorable.';"; Citing Commonwealth v. Melson, 556 A.2d 836, 839 (Pa. Super. 1989).
discussed Cited as authority (rule) Com. v. Tucker, I. (2×)
Pa. Super. Ct. · 2015 · confidence medium
Commonwealth v. Arch, 654 A.2d 1141, 1143 (Pa. Super. 1995) (quoting Commonwealth v. Prengle, 437 A.2d 992, 994 (Pa. Super. 1981)).
cited Cited as authority (rule) Com. v. Watson, J.
Pa. Super. Ct. · 2015 · confidence medium
Commonwealth v. Arch, [] 654 A.2d 1141, 1144 ([Pa. Super.] 1995).
discussed Cited as authority (rule) Com. v. James, V.
Pa. Super. Ct. · 2014 · confidence medium
An appellant must also “establish that there was no reasonable basis for not pursuing the suppression claim and that if the evidence had been suppressed, there is a reasonable probability the verdict would have been more favorable.” Commonwealth v. Arch, 654 A.2d 1141, 1143 (Pa.Super. 1995).
discussed Cited as authority (rule) Commonwealth v. Kim
pactcomplmontgo · 2013 · confidence medium
Ct. 1999) (quoting Terry, 392 U.S. at 12 ).] Therefore, the fundamental inquiry of a reviewing court must be an objective one, “namely, whether ‘the facts available to the officer at the moment of the [intrusion] warrant a man of reasonable caution in the belief that the action taken was appropriate.’” This inquiry will not be satisjied by an officer s hunch or unparticularized suspicion. [See Commonwealth v. Arch, 439 Pa. Super. 606 , 654 A.2d 1141, 1144 (1995).] Reppert, 814 A.2d at 1204 (quoting Zhahir, 561 Pa. at 552 , 751 A.2d at 1156 (alteration in original) (internal quotation m…
cited Cited as authority (rule) Commonwealth v. Simmons
Pa. Super. Ct. · 2011 · confidence medium
Commonwealth v. Arch, 439 Pa.Super. 606 , 654 A.2d 1141, 1144 (1995).
cited Cited as authority (rule) Commonwealth v. Stark
pactcomplarmstr · 2005 · confidence medium
“This inquiry will not be satisfied by an officer’s hunch or unparticularized suspicion. ” Id. (emphasis in original) See Commonwealth v. Arch, 439 Pa. Super. 606, 612 , 654 A.2d 1141, 1144 (1995).
examined Cited as authority (rule) Commonwealth v. Beasley (3×) also: Cited "see"
Pa. Super. Ct. · 2000 · confidence medium
Commonwealth v. Arch, 439 Pa.Super. 606 , 654 A.2d 1141, 1144 (1995). ¶ 8 Although an officer may consider the modes or patterns of operation of certain kinds of lawbreakers, Commonwealth v. Fink, 700 A.2d 447, 449 (Pa.Super. 1997), our courts have held, repeatedly, that such profiles do not substitute for independent observation of an individual's behavior, see Lewis, 535 Pa. at 510-12 , 636 A.2d at 624 (1994); Commonwealth v. Jackson, 428 Pa.Super. 246 , 630 A.2d 1231, 1234 (1993) (holding that in the absence of a firmly established successful drug courier profile, [a] mere showing of innoc…
discussed Cited as authority (rule) Commonwealth v. Vasquez
Pa. Super. Ct. · 1997 · confidence medium
As we have previously noted, specific and articulable facts are necessary to create a reasonable suspicion: “ ‘[When] a police officer observes unusual conduct which leads him reasonably to conclude in light of his experience that criminal activity may be afoot’ the officer may briefly stop the suspicious person and make ‘reasonable inquiries’ aimed at confirming or dispelling his suspicions.” Minnesota v. Dickerson, 508 U.S. 366, 373 , 113 S.Ct. 2130, 2135 , 124 L.Ed.2d 334, 344 (1993)(quoting Terry v. Ohio, 392 U.S. 1, 30 , 88 S.Ct. 1868, 1884 , 20 L.Ed.2d 889, 911 (1968)). “[F…
cited Cited as authority (rule) Commonwealth v. Collazo
Pa. Super. Ct. · 1997 · confidence medium
He or she is permitted only to “approach and briefly detain” a potential suspect “for investigatory purposes.” Commonwealth v. Arch, 439 Pa.Super. 606 , 654 A.2d 1141, 1143 (1995).
cited Cited as authority (rule) Commonwealth v. Ervin
Pa. Super. Ct. · 1997 · confidence medium
Commonwealth v. Arch, 439 Pa.Super. 606, 611 , 654 A.2d 1141, 1143 (1995).
discussed Cited as authority (rule) In the Interest of B.C. (2×)
Pa. Super. Ct. · 1996 · confidence medium
Commonwealth v. Arch, 439 Pa.Super. 606, 612 , 654 A.2d 1141, 1143 (1995) (quoting Commonwealth v. Prengle, 293 Pa.Super. 64, 68 , 437 A.2d 992, 994 (1981)).
discussed Cited as authority (rule) Commonwealth v. Allen (2×)
Pa. Super. Ct. · 1996 · confidence medium
Assuming that the officer instead conducted an investigative detention, we must now determine whether that stop was predicated on "reasonable suspicion." "`[When] a police officer observes unusual conduct which leads him reasonably to conclude in light of his experience that criminal activity may be afoot' the officer may briefly stop the suspicious person and make `reasonable inquiries' aimed at confirming or dispelling his suspicions." Minnesota v. Dickerson, 508 U.S. 366, 373 , 113 S.Ct. 2130, 2135 , 124 L.Ed.2d 334, 344 (1993) (quoting Terry v. Ohio, 392 U.S. 1, 30 , 88 S.Ct. 1868, 1884 , …
cited Cited as authority (rule) Commonwealth v. Jackson
Pa. Super. Ct. · 1996 · confidence medium
Arch, 439 Pa.Super. at 612 , 654 A.2d at 1144-45 (citations omitted).
cited Cited "see" Com. v. Jones, H.
Pa. Super. Ct. · 2018 · signal: see · confidence high
See Commonwealth v. Arch, 654 A.2d 1141, 1143 (Pa. Super.
discussed Cited "see" Com. v. Lawrence, Jr., A. (2×)
Pa. Super. Ct. · 2015 · signal: see · confidence high
See Commonwealth v. Arch, 439 Pa. Super. 606, 614 , 654 A.2d 1141, 1145 (1995), Commonwealth v. Schroth, 495 Pa. 561, 568 , 435 A.2d 148 , ·151 (1981), Commonwealth v. Miller, 495 Pa. 177, 181-82 , 433A.2d 1, 3 (1981).
discussed Cited "see" Commonwealth v. Huff (2×)
Pa. Super. Ct. · 2003 · signal: see · confidence high
See Commonwealth v. Arch, 439 Pa.Super. 606 , 654 A.2d 1141, 1144 (Pa.Super.1995).
examined Cited "see" Commonwealth v. Reppert (4×)
Pa. Super. Ct. · 2002 · signal: see · confidence high
See Commonwealth v. Arch, 439 Pa.Super. 606 , 654 A.2d 1141, 1144 (1995). ¶ 16 In this case, the trial court concluded that Chief Hovanec acted on reasonable suspicion based on: (1) his observation of Reppert’s head and shoulder movements prior to the traffic stop; (2) Reppert’s “very, very nervous” appearance during the stop; (3) the bulges in Rep-pert’s front pockets, and (4) the pendency of a drug investigation by Beaver police in which Reppert was allegedly implicated.
examined Cited "see" Commonwealth v. Maxon (4×)
Pa. Super. Ct. · 2002 · signal: see · confidence high
See Commonwealth v. Arch, 439 Pa.Super. 606 , 654 A.2d 1141, 1144 (1995).
examined Cited "see" Commonwealth v. Santiago (4×)
Pa. Super. Ct. · 1999 · signal: see · confidence high
See Commonwealth v. Arch, 439 Pa.Super. 606 , 654 A.2d 1141 (1995) (holding that in order to enter a dwelling without a warrant to make an arrest, the police must have probable cause as well as an exception to the warrant requirement).
discussed Cited "see" In the Interest of D.M. (2×)
Pa. · 1999 · signal: see · confidence high
See Commonwealth v. Arch, 439 Pa.Super. 606, 613 , 654 A.2d 1141, 1144 (1995) (mere fact that defendant turned around and walked back toward rear of motel after allegedly seeing police patrol car did not amount to display of suspicious behavior, constituting proper grounds for investigatory stop).
discussed Cited "see" In Re DM (2×)
Pa. · 1999 · signal: see · confidence high
See Commonwealth v. Arch, 439 Pa.Super. 606, 613 , 654 A.2d 1141, 1144 (1995) (mere fact that defendant turned around and walked back toward rear of motel after allegedly seeing police patrol car did not amount to display of suspicious behavior, constituting proper grounds for investigatory stop).
Retrieving the full opinion text from the archive…
COMMONWEALTH of Pennsylvania
v.
Mark ARCH, Appellant
Superior Court of Pennsylvania.
Feb 15, 1995.
654 A.2d 1141
Lenora M. Smith, Harrisburg, for appellant., Edward Marsieo, Asst. Dist. Atty., Harrisburg, for the Com., appellee.
Cavanaugh, Popovich, Saylor.
Cited by 55 opinions  |  Published
POPOVICH, Judge:

This is an appeal from a judgment of sentence entered in the Court of Common Pleas of Dauphin County following appellant’s conviction for unlawful possession of drug paraphernalia. [1] Appellant now contends that trial counsel was ineffective for failing to file a motion to suppress. [2] After careful review, we reverse, vacate the judgment of séntence and remand for a new trial.

Examination of the record reveals the following: On July 24, 1991, Officer Scott Neal, while on routine patrol, heard a report that a white Toyota with a Virginia registration was being used by three black males wanted in an assault incident. Neither the license plate number nor the model type of the Toyota was known to Officer Neal. There was also no physical description of the perpetrators other than they were three[*610] black males. Later, Officer Neal observed a white Toyota with Virginia license plates in the parking lot of the Cloverleaf Motel. Officer Neal contacted the communications center to confirm what type of vehicle was used in the assault. The communications center confirmed the earlier report and also informed Officer Neal that a handgun was involved in the assault.

Officer Neal then radioed for additional officers and positioned his patrol car so he could observe the white Toyota. While waiting for support to arrive, he observed appellant approach the front of the motel. Officer Neal believed that appellant, upon seeing the patrol car, turned around and walked back to the rear of the motel. Officer Neal never observed appellant approach the white Toyota or take any action that would indicate that appellant was connected with the car. A few minutes later, Officer Neal observed appellant walk parallel to the motel and enter the motel office and then return to his room. Officer Neal never observed which room appellant entered.

A sweep of the area was made when the support officers arrived. During this sweep, appellant was once again walking around from the rear corner of the motel. The police stopped appellant and asked him in which room he was staying. According to Officer Neal, appellant stated that he was staying in Room 14. The police did not question appellant about the earlier assault incident or attempt to ascertain if appellant was connected with the white Toyota. During this initial stop, appellant also stated that another black male and a black female were staying in the room. Appellant was then placed in a police car for identification purposes.

The police then proceeded to Room 14 where a black male and a black female were ordered out of the room at gunpoint. Searching for what they believed to be an armed suspect, the police observed, in plain view, glassine packets which are commonly used for packaging cocaine. They also observed a shoulder holster, a firearms carrying case, fifty rounds of .25 caliber ammunition and several razor blades. All of this contraband was seized.

[*611] At appellant’s bench trial, the Commonwealth offered the testimony of Officer Neal and the paraphernalia that was seized in the motel room. On cross-examination Officer Neal admitted that he could not positively connect the white Toyota in the parking lot with the one used in the assault. There was also no evidence that any other police officer established that the white Toyota in the parking lot was the car used in the assault. Appellant testified on his own behalf and denied that he was staying in Room 14 of the motel. Appellant also testified that he was charged with assault arising out the incident reported earlier that evening, but these charges were dismissed.

The court convicted appellant of unlawful possession of drug paraphernalia. Trial counsel, in post-verdict motions, asserted his own ineffectiveness for failing to file a motion to suppress the contraband. These motions were denied, and the court sentenced appellant to a period of five to twelve months imprisonment. This timely appeal followed.

Appellant’s now contends that trial counsel was ineffective for failing to file a motion to suppress the evidence. We agree.

The standard applied when attacking counsel’s competence is well known: “The ineffectiveness of counsel is shown where there is merit to the underlying claim, the course chosen by counsel does not have a reasonable basis, and the defendant shows prejudice.” Commonwealth v. Graham, 522 Pa. 115, 118, 560 A.2d 129, 130 (1989). Where the ineffectiveness claim is based on the failure of counsel to move for suppression of evidence, “the defendant must establish that there was no reasonable basis for not pursuing the suppression claim and that if the evidence had been suppressed, there is a reasonable probability the verdict would have been more favorable.” Commonwealth v. Melson, 383 Pa.Super. 139, 145, 556 A.2d 836, 839 (1989). Thus, we must first determine if there is merit to the claim that the evidence obtained in the hotel room should have been suppressed.

[*612] A police officer may approach a citizen or may briefly detain a citizen, without probable cause, for investigatory purposes.- Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968); Commonwealth v. Prengle, 293 Pa.Super. 64, 437 A.2d 992 (1981). In order for such a stop to be reasonable under the Fourth Amendment to the United States Constitution, the police officer must point to specific and articulable facts “which in conjunction with rational inferences deriving therefrom” warrant the initial stop. Prengle, supra, 68, 437 A.2d at 994. “This standard is met ‘if the police officer observes unusual and suspicious conduct on the part of the individual seized which leads him reasonably to conclude that criminal activity may be afoot ... ’ ” Commonwealth v. Espada, 364 Pa.Super. 604, 607, 528 A.2d 968, 969 (1987), quoting Commonwealth v. Hicks, 434 Pa. 153, 158-59, 253 A.2d 276, 279 (1969). A police officer cannot reach such a conclusion based upon an “unparticularized suspicion” or “hunch.” Terry, supra, 392 U.S. at 27, 88 S.Ct. at 1883. If the reasons for the stop meet the aforementioned standards, the police officer may conduct a limited search of the suspect if he reasonably believes that his safety or the safety of others is threatened. Id. at 27, 88 S.Ct. at 1883. A police officer need not personally observe the suspicious conduct leading to the reasonable belief needed for a Terry stop and may rely upon information received over the police radio to justify the initial stop. Prengle, supra, 293 Pa.Super. 68, 437 A.2d at 994; Commonwealth v. Jackson, 359 Pa.Super. 433, 519 A.2d 427 (1986). A major factor in justifying a Terry stop when the suspicious conduct has not been personally observed is the specificity of the description of the suspect. Jackson, supra, 438, 519 A.2d at 430. An illegal Terry stop or arrest can taint a reasonable search. See, e.g., Wong Sun v. United States, 371 U.S. 471, 83 S.Ct. 407, 9 L.Ed.2d 441 (1963); Espada, supra, 364 Pa.Super. 607, 528 A.2d at 969.

Here, the police did not have the reasonable suspicion required to make the initial stop of appellant. The Commonwealth produced no evidence that appellant exhibited any behavior that would connect him with the white Toyota and arouse a reasonable suspicion by Officer Neal. Moreover,[*613] Officer Neal did not know whether the white Toyota in the parking lot was the one used in the assault. The police did not have a description of a suspect, and appellant did not display any suspicious behavior that would warrant a Terry stop. The mere fact that appellant walked back toward the rear of the motel after allegedly seeing Officer Neal did not constitute proper grounds for a Terry stop. Commonwealth v. Jeffries, 454 Pa. 320, 311 A.2d 914 (1973). Accordingly, the initial stop was illegal, and, as a result, the search of the motel room was tainted. Wong Sun, supra, 371 U.S. 471, 83 S.Ct. 407.

We held, in Commonwealth v. Williams, 298 Pa.Super. 466, 444 A.2d 1278 (1982), [3] that proper grounds for a Terry stop did not exist where a suspect’s actions were much more suspicious than those of appellant in this ease. In Williams, a police officer stopped an individual who was riding a bicycle because the police officer had information that the individual was responsible for stealing several bicycles. Id. 468, 444 A.2d at 1279. After questioning the defendant and the defendant’s mother, the officer concluded that the bike was stolen and impounded the bicycle. Id. The impounded bicycle was subsequently identified by the burglary victim and she testified at the defendant’s trial.

We held that the stop was not justified under Terry and that the lowér court erred in denying appellant’s motion to suppress the testimony of a witness who identified the bicycle and testified that it had been stolen. Id. 471, 444 A.2d at 1280. We stated that there was no reasonable basis for the police officer to conclude that criminal activity was afoot. Id. “Common rumor or report,” without more, could not justify a stop. Id.

Here, appellant’s connection with the crime is more tenuous than the connection in Williams. Officer Neal possessed no information that’ would have connected appellant with the earlier assault. Appellant took no actions that could be viewed as connecting him with the white Toyota. Moreover, there is no evidence that the police had a description of the individuals involved in the assault. Accordingly, appellant’s[*614] underlying suppression claim is not without merit. See also, Commonwealth v. Hicks, 434 Pa. 153, 253 A.2d 276 (1969) (holding that police did not have grounds for Terry stop simply because the defendant’s appearance was similar to the description given to police of the perpetrator of a recently reported crime and defendant was walking near the crime scene and not exhibiting any suspicious behavior); Commonwealth v. Jones, 474 Pa. 364, 378 A.2d 835 (1977), cert. denied, 435 U.S. 947, 98 S.Ct. 1533, 55 L.Ed.2d 546 (1978) (holding that police officer could not have had reasonable belief that criminal activity was afoot where defendant was merely walking along the edge.of the highway even though defendant was carrying no bags and had an unkempt appearance).

Because appellant’s underlying claim has arguable merit, we must determine whether the course chosen by appellant’s counsel had a reasonable basis. Graham, 522 Pa. 115, 560 A.2d at 130. In other words, we must determine why counsel neglected to file a motion to suppress the contraband seized during the search of the motel room.

The record reveals that trial counsel did not have a reasonable basis for his actions. In post-verdict motions, counsel asserted his own ineffectiveness for failing to file a motion to suppress the paraphernalia seized in the motel room. Thus, counsel lacked a reasonable basis for his actions. See, Commonwealth v. Schroth, 495 Pa. 561, 435 A.2d 148 (1981) (holding that counsel was ineffective for failing to file a motion to suppress and remanding for a suppression hearing).

Finally, appellant must establish prejudice to merit relief with an ineffectiveness claim. Graham, 522 Pa. 115, 560 A.2d at 130. Prejudice exists when “but for the arguably ineffective act or omission, there is a reasonable probability that the result would have been different.” Commonwealth v. Lott, 398 Pa.Super. 573, 581 A.2d 612 (1990), allocatur denied, 527 Pa. 663, 593 A.2d 839 (1991). In order to determine if prejudice existed, we must examine the entire record. Commonwealth v. Glover, 422 Pa.Super. 543, 619 A.2d 1357 (1993).[*615] Instantly, trial counsel’s actions were prejudicial to appellant. There is more than a reasonable probability that appellant would not have been convicted if the paraphernalia would have been suppressed. The Commonwealth’s only additional evidence was the testimony of Officer Neal. Appellant’s version of the incident contradicted Officer Neal’s version of the incident in important areas. Because appellant suffered prejudice from the admission of the paraphernalia, he must be granted a new trial. See, Melson, supra (Trial counsel was ineffective for failing to file a motion to suppress identification testimony of a witness because without the disputed testimony there was a reasonable probability that the outcome of the trial would have been different. The witness provided the only untainted testimony connecting defendant with the crime.); Commonwealth v. Corbin, 322 Pa.Super. 271, 469 A.2d 615 (1983) (holding that if trial counsel failed to file a motion to suppress, ineffectiveness would be established because failure to do so could not have a reasonable basis). [4]

Reversed and remanded for a new trial. Judgment of sentence vacated. Jurisdiction relinquished.

1

. 35 Pa.S.A. § 780-113(a)(32).

2

. Appellant also contends that the evidence was insufficient to sustain his conviction for unlawful possession of drug paraphernalia. 35 Pa.S.A. § 780-113(a)(32) prohibits "[t]he use of, or possession with intent to use, drug paraphernalia for the purpose of ... preparing ... packing or otherwise introducing into the human body a controlled substance in violation of this act.” The evidence is sufficient when, "viewing the evidence admitted at trial in the light most favorable to the Commonwealth and drawing all reasonable inferences in the Commonwealth’s favor, there is sufficient evidence to enable the trier of fact to find every element of the [crime] charged beyond a reasonable doubt." Commonwealth v. Carter, 329 Pa.Super. 490, 495-96, 478 A.2d 1286, 1288 (1984). Here, the evidence was sufficient to sustain the conviction because the Commonwealth presented evidence that the paraphernalia was seized in a motel room in which appellant was residing. See, Commonwealth v. Macolino, 503 Pa. 201, 469 A.2d 132 (1983); Commonwealth v. Mudrick, 510 Pa. 305, 507 A.2d 1212 (1986).

3

. Accord, Commonwealth v. Berrios, 437 Pa. 338, 263 A.2d 342 (1970); Commonwealth v. Marcelonis, 284 Pa.Super. 46, 424 A.2d 1384 (1981)

4

. The Commonwealth attempts to justify the entry and subsequent search of the motel room on the basis that "exigent circumstances” existed, excusing the need for a search warrant. See, Commonwealth v. Williams, 483 Pa. 293, 396 A.2d 1177 (1978), cert. denied, 446 U.S. 912, 100 S.Ct. 1843, 64 L.Ed.2d 266 (1980). The Commonwealth not only overlooks the Terry issue but also presents a flawed analysis of the circumstances that give rise to exigent circumstances. The Commonwealth contends that “exigent circumstances” alone will justify a warrantless entry and search of a dwelling.

The Fourth Amendment to the United States Constitution and the Article I, section 8 of the Pennsylvania Constitution protect motel guests from unreasonable searches and seizures. Commonwealth v. Brundidge, 533 Pa. 167, 620 A.2d 1115 (1993). In order to enter a dwelling without a warrant to make an arrest or conduct a search, the police must have probable cause as well as an exception to the warrant requirement. Commonwealth v. Govens, 429 Pa.Super. 464, 632 A.2d 1316 (1993) (citations omitted). Thus, the Commonwealth incorrectly asserts that exigent circumstances alone justified the warrantless entry and search of the motel room.