| COMMONWEALTH OF PENNSYLVANIA v. GREGORY PHILIP KENDALL No. 1031 MDA 2008 2009 PA Super 100 Atlantic: n/a Filed: 5/29/2009 | |
| Appeal from the Judgment of Sentence of May 22, 2008 In the Court of Common Pleas of Franklin County, Criminal, No, CP-28-CR-0002103-2007 | |
| Before: STEVENS, KLEIN and KELLY, JJ. | |
| Opinion by: KLEIN, J. | |
| Dissenting Opinion by: KELLY, J. | |
| ¶ 1 Gregory Kendall appeals from the judgment of sentence imposed by the Franklin County Court of Common Pleas after he was convicted of driving under the influence of alcohol (“DUI”), 75 Pa.C.S.A. § 3802(b). Kendall argues that the trial court erred in failing to suppress all evidence supporting the DUI conviction because the arresting police officer lacked reasonable suspicion. Because we find that the level of interaction between Kendall and the police officers began as a mere encounter, where reasonable suspicion is not required, we affirm. | |
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