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COM. v. PEREZ

407 Pa.Super. 614 (1991)

595 A.2d 1315

COMMONWEALTH of Pennsylvania, Appellant, v. Alejandro Garcia PEREZ, Appellee.

Superior Court of Pennsylvania.

Decided September 4, 1991.

Attorney(s) appearing for the Case

Karen M. Kobily, Asst. Public Defender, Reading, for appellant.

Charles B. Coleman, Asst. Dist. Atty., Reading, for Com., appellee.

Before WIEAND, OLSZEWSKI and MONTGOMERY, JJ.

WIEAND, Judge:

When a police officer makes a lawful Terry stop and, after frisking the suspect, finds no weapon, may the officer then seize and open a small, nondescript, leather pouch protruding from the suspect's pocket? The trial court held that the search of the pouch exceeded the proper scope of the lawful stop and frisk and suppressed the contents of the pouch. The Commonwealth appealed. It has certified...

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