| COMMONWEALTH OF PENNSYLVANIA v. KENNEDY DECATRICK KEMP No. 1607 WDA 2006 2008 PA Super 274 Atlantic: 961 A.2d 1247 Filed: 11/26/2008 | |
| Appeal from the Judgment of Sentence of July 25, 2006, in the Court of Common Pleas of Somerset County, Criminal Division, at No. CP-56-CR-0000313-2005. | |
| Before: FORD ELLIOTT, P.J., MUSMANNO, ORIE MELVIN, LALLY-GREEN, TODD, BOWES, GANTMAN, McCAFFERYand DANIELS, JJ. | |
| Opinion by: BOWES, J. | |
| Concurring Statement by: ORIE MELVIN, J. | |
| Kennedy Decatrick Kemp appeals from the July 25, 2006 judgment of sentence of six to twenty-three months imprisonment followed by two years probation that was imposed after he was convicted at a nonjury trial of possession of a controlled substance, possession of a controlled substance with intent to deliver, and conspiracy. Appellant challenges the constitutionality of the police interdiction that resulted in the seizure of the controlled substance, marijuana. We conclude that Appellant was subjected to a detention that was supported by the existence of reasonable suspicion that he was in possession of a controlled substance. We also conclude that the consent to search the vehicle in question was not constitutionally infirm. Hence, we affirm. | |
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