The public defender for one of two men accused of peeping into a Cranberry Township apartment as a woman took a shower wants the weapon found on one of the men suppressed as evidence at trial.

Martierius Brown, 27, of New Castle faces charges of possession of a firearm prohibited, firearms not to be carried without a license, receiving stolen property, and loitering and prowling at night, after an incident on Nov. 20, 2017.

Assistant District Attorney Terri Schultz questioned Cranberry Township patrolman Mark Shields on Thursday in Butler County Court. Shields detailed the predawn call he received. He said a female at Laurelwood Apartments reported two black males watched her take a shower through a bathroom window in the basement-level apartment.

After spotting a black male emerge from the thick pine trees about 30 yards from the apartment, Shields testified that he patted the man down and found a marijuana pipe in his pocket.

Shields said he handcuffed that man and before he placed him in the rear of his patrol car, another black male could be seen running down the road carrying a gas can with no lid.

Shields stopped the male, who he identified as Brown, and offered him a ride to his car, which Brown and the other man said had run out of gas on the Turnpike.

When Brown declined the offer, Shields patted him down and found a handgun.

Shields said he then handcuffed Brown and placed him into the back of the police car as well.

When Shields ran a check on the weapon, which Brown said belonged to his sister, it came up as stolen.

Public defender Charles Nedz, on cross examination, suggested that Shields had no reason to search and detain Brown.

Shields replied that the first suspect had identified the second as his brother who was with him.

Nedz said Shields had no probable cause to arrest Brown or think he was armed and dangerous.

He asked Doerr that the gun be suppressed from the evidence to be presented at Brown's trial.

Schultz countered that Shields was advised of two peeping Toms, and that officers frisk everyone they place in their cars as a matter of officer safety.

“The court has to look to the totality of the situation and what's going on,” Schultz said. “The officer did everything he needed to do.”

She asked that the request for suppression be denied. Doerr said while he was inclined to deny the request, he would make a decision in a few days.