COM. v. AU

No. 32 MAP 2010

42 A.3d 1002 (2012)

COMMONWEALTH of Pennsylvania, Appellant, v. John D. AU, Appellee.

Supreme Court of Pennsylvania.

Decided April 26, 2012.


Attorney(s) appearing for the Case

Michael T. Madeira , State College, Stacy Parks Miller , Yvette Louise Wilson , Centre County District Attorney's Office, for Commonwealth of Pennsylvania.

Joseph L. Amendola , Amendola & Associates, State College, for John D. Au.

David R. Crowley , Bellefonte, for Appellee Amicus Curiae, PA Association of Criminal Defense Lawyers.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, JJ.


OPINION

Justice SAYLOR.*

Appeal was allowed to review the Superior Court's conclusion that a police-citizen encounter ripened into an investigative detention when an officer requested identification from vehicle occupants.

In May 2007, Appellee was arrested by a Ferguson Township police officer and charged with possession of a small amount of marijuana. See 35 P.S. § 780-113(a)(31)(i). Appellee sought...

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