COMMONWEALTH OF PENNSYLVANIA v. ROBERT COOPER

COMMONWEALTH OF PENNSYLVANIA v. ROBERT COOPER No. 223 EDA 2009 2010 PA Super 60 Atlantic: n/a Filed: 4/19/2010
	Appeal from the Order entered January 12, 2009 In the Court of Common Pleas of Philadelphia County Criminal No.: MC-51-CR-0020427-2008
Before: DONOHUE, ALLEN, and FITZGERALD, JJ.
Opinion by: FITZGERALD, J.
Appellant, Robert Cooper, files this appeal from the order entered in the Philadelphia County Court of Common Pleas, denying his petition for writ of certiorari following his non-jury conviction of possession of a controlled substance (marijuana). On appeal, Appellant challenges the denial of his motion to suppress the evidence. We hold that a police officer may not conduct a pat-down search, i.e. a Terry frisk, of a person who reaches toward his pocket upon the officer’s approach when that person obeys the officer’s directive to stop before actually reaching into his pocket, and the officer does not articulate any reason to believe the person possessed a weapon. Accordingly, we reverse.

-----------------------------------------------------Want 50 state & federal case law? - click here