Source: WESA

The Pennsylvania Supreme Court upheld the arrest of Jamar Foster after police responded to ShotSpotter alerts indicating gunshots. The court’s 5-2 majority, led by Justice Kevin Dougherty, ruled that neither the alerts themselves nor the police observations individually justified Foster’s detention. However, under the totality of the circumstances—including the timing of the alerts, the rapid police response, the presence of Foster and a companion at the scene, and their furtive behavior—the officer had reasonable suspicion to conduct an investigative detention and arrest.

ShotSpotter is marketed by SoundThinking and involves a network of microphones, software to distinguish gunfire sounds, and a call center that reviews audio before notifying police. Civil rights organizations, including the ACLU of Pennsylvania, the national ACLU, and the Pennsylvania Innocence Project, filed an amicus brief questioning the system’s reliability. Their brief cited reports identifying high percentages of false alerts in cities like Chicago, New York, and Massachusetts. The court’s decision avoided resolving exactly how much weight to give the proximity of Foster to the detected gunfire, a point highlighted by dissenting justices who criticized the majority’s reasoning.