COM. v. RODRIQUEZ


532 Pa. 62 (1992)

614 A.2d 1378

COMMONWEALTH of Pennsylvania, Appellee, v. Joanne RODRIQUEZ, Appellant.

Supreme Court of Pennsylvania.

Decided September 18, 1992.


Attorney(s) appearing for the Case

Robert Bruce Evanick, Public Defender, for appellant.

Christy H. Fawcett, Asst. Dist. Atty., for appellee.

Before NIX, C.J., and LARSEN, FLAHERTY, MC DERMOTT, ZAPPALA, PAPADAKOS and CAPPY, JJ.


OPINION OF THE COURT

CAPPY, Justice.

This case comes before us on the question of whether police officers may detain a person in the vicinity of a drug raid absent probable cause or reasonable suspicion linking that individual to the criminal activity under investigation. For the reasons that follow we find detention of individuals under circumstances lacking probable cause to be unconstitutional.

History of the Case

The present...

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