Commonwealth v. Young, PICS Case No. 17-0845 (Pa. Super. May 11, 2017) Dubow, J. (10 pages).
Search valid where, during mere encounter, appellant admitted to police that he was in possession of marijuana, thereby granting police probable cause to arrest appellant and to search him incident to arrest. Order of the trial court reversed, case remanded.
June 03, 2017 at 12:00 AM
5 minute read
Investigatory Detention • Reasonable Suspicion • Admission of Possession of Marijuana • Search Incident to Arrest
Commonwealth v. Young, PICS Case No. 17-0845 (Pa. Super. May 11, 2017) Dubow, J. (10 pages).
Search valid where, during mere encounter, appellant admitted to police that he was in possession of marijuana, thereby granting police probable cause to arrest appellant and to search him incident to arrest. Order of the trial court reversed, case remanded.
The commonwealth appealed from the order of the trial court granting the suppression motion filed by appellee Edward Young. Appellee was arrested and charged with carrying a firearm without a license, carrying a firearm on public streets in Philadelphia, and possession of marijuana. Appellee was arrested after he was approached by two officers on patrol. When the officers asked if appellee had anything on his person that could harm the officers, appellee admitted that all he had was two bags of marijuana. Immediately thereafter appellee began to reach for his pocket, but the officers ordered him to keep his hands out of his pockets and searched appellee, discovering a handgun and marijuana.
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