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COM. v. PAKACKI

901 A.2d 983 (2006)

COMMONWEALTH of Pennsylvania, Appellant, v. Adam A. PAKACKI, Appellee.

Supreme Court of Pennsylvania.

Decided July 18, 2006.

Attorney(s) appearing for the Case

Scott P. Rigdon, Esq., Hugh S. Rebert, Esq., Scott A. McCabe, for Commonwealth of Pennsylvania.

Bruce Piersoll Blocher, Esq., Tamara M. Cozzi, Esq., Mary M. Rhodes, Esq., Tyler James Larsen, Esq., York, for Adam A. Pakacki.

Before: CAPPY, C.J., and CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and BAER, JJ.

OPINION

Justice EAKIN.

In this appeal, we are asked to determine whether appellee was subject to a custodial interrogation when he was stopped by an officer investigating a shooting, and whether the officer's subsequent seizure of a marijuana pipe was justified under the "plain feel" doctrine. Because appellee was not in custody and the seizure of the pipe was lawful, we reverse.

Pennsylvania State Police Trooper Christopher Keppel was in...

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