COM. v. COLLINS


950 A.2d 1041 (2008)

COMMONWEALTH of Pennsylvania, Appellant v. Christopher M. COLLINS, Appellee.

Superior Court of Pennsylvania.

Filed June 4, 2008.


Attorney(s) appearing for the Case

Karen E. Kuebler, Asst. Dist. Atty., Bellefonte, for the Com., appellant.

Parviz Ansari, Bellefonte, for appellee.

BEFORE: FORD ELLIOTT, P.J., STEVENS, ORIE MELVIN, BENDER, BOWES, GANTMAN, PANELLA, DONOHUE and ALLEN, JJ.


OPINION BY STEVENS, J.:

¶ 1 This is an appeal from the order entered by the Honorable Bradley P. Lunsford, Judge of the Court of Common Pleas of Centre County, Pennsylvania, granting Appellee's Omnibus Pre-trial Motion to Suppress Evidence. At issue is whether a police officer's safety check of passengers in a vehicle parked legally, after sundown, at a roadside location constitutes a mere encounter or an investigative detention. We find that given the totality...

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