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COM. v. GRAHAM

454 Pa.Super. 169 (1996)

685 A.2d 132

COMMONWEALTH of Pennsylvania v. Durrell GRAHAM, Appellant.

Superior Court of Pennsylvania.

Filed October 22, 1996.

Attorney(s) appearing for the Case

Joseph P. Burt, Erie, for appellant.

Christian A. Trabold, Assistant District Attorney, Erie, for Commonwealth, appellee.

Before McEWEN, President Judge, and FORD ELLIOTT and OLSZEWSKI, JJ.

OLSZEWSKI, Judge.

Since the law in Pennsylvania is unsettled concerning the level of antecedent justification necessary to subject an arrestee's companion to a "pat-down" search, the opportunity to definitively address the issue in this case is welcomed.

On August 8, 1995, appellant Durrell Graham was convicted, after a non-jury trial, of possession and possession with intent to deliver 3.37 grams of crack...

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