COM. v. GUZMAN

No. 719 MDA 2011.

44 A.3d 688 (2012)

2012 PA Super 93

COMMONWEALTH of Pennsylvania, Appellant v. Alexis GUZMAN, Appellee.

Superior Court of Pennsylvania.

Filed April 30, 2012.


Attorney(s) appearing for the Case

Stefanie J. Salavantis , Assistant District Attorney, Wilkes-Barre, for Commonwealth, appellant.

Joseph J. Yeager , Forty Fort, for appellee.

BEFORE: STEVENS, P.J., MUSMANNO, J., and GANTMAN, J.


OPINION BY GANTMAN, J.:

The Commonwealth of Pennsylvania appeals from the order entered in the Luzerne County Court of Common Pleas, granting Appellee's motion to suppress. After review, we hold the court erred when it suppressed the evidence at issue because: (1) the preliminary interaction between Appellee and Officer Wetzel was a mere encounter only; (2) Officer Wetzel's subsequent decision to conduct a frisk for weapons was justified under the circumstances; and...

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