Wednesday, October 1, 2008

Superior Court - IN THE INTEREST OF O.J. APPEAL OF: COMMONWEALTH OF PENNSYLVANIA

IN THE INTEREST OF O.J.
APPEAL OF: COMMONWEALTH OF PENNSYLVANIA

No. 310 EDA 2007 2008 PA Super 234 Atlantic: 958 A.2d 561 Filed: 10/1/2008

Appeal from the Order Entered September 26, 2006,
in the Court of Common Pleas of Philadelphia County,
Criminal Division, at No. J.P. No. 0509-0683
Before: FORD ELLIOTT, P.J., MUSMANNO, LALLY-GREEN, BENDER, BOWES, PANELLA, DONOHUE, SHOGAN and ALLEN, JJ.
Opinion by: BOWES, J.
Dissenting Opinion by: MUSMANNO, J.
The Commonwealth appeals from a September 26, 2006 order suppressing drugs seized from a motor vehicle pursuant to a protective search for weapons conducted after a lawful traffic stop. We reverse and remand.

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