Opinion

Commonwealth v. Baer

  • 439 Pa. Super. 437
  • 654 A.2d 1058
Court
Superior Court of Pennsylvania
Filed
Dec 6, 1994
Status
Published
Author
McEWEN
On the bench
McEwen, Tamilia and Ford Elliott
Cited by
22 cases
Authority
More cited than 9.7%

after a valid traffic stop, a police officer may order a driver or a passenger from a vehicle when the officer reasonably believes that criminal activity is afoot or fears for his safety

How later courts described this case

  • after a valid traffic stop, a police officer may order a driver or a passenger from a vehicle when the officer reasonably believes that criminal activity is afoot or fears for his safety
  • "[W]e hold today that after a valid traffic stop, a police officer may order a . . . passenger from a vehicle when the officer reasonably believes that criminal activity is afoot or fears for his safety."

Written by the judges who cited it.

The opinion

McEWEN, Judge,

concurring and dissenting:

While I hasten to agree with the eminent author of the perceptive and persuasive majority opinion that a police officer may properly request a passenger to alight from a motor vehicle whenever “the officer reasonably believes that criminal activity is afoot or fears for his safety”, I am compelled, nonetheless, to the conclusion that such a finding fails to provide any basis upon which to justify the warrantless search of the passenger. See: Commonwealth v. Kendall, 437 Pa.Super. 139, 145-146 , 649 A.2d 695, 698-99 (1994). While the officer had the clear and certain right to conduct a Terry frisk for weapons upon asking appellee to alight from the vehicle, the police officer was precluded, absent probable cause, from *447 escalating the Terry frisk to a search of the contents of the appellee’s pockets. 1 Thus it is that I would affirm the order entered by the distinguished Judge Scott D. Keller.

. The lack of probable cause for the search was undoubtedly the basis for the forthright admission of the prosecutor that "I agree that it is questionable with the facts of this case, but I'm submitting this case to you for this hearing because of the fact that I think it is questionable and it is close....”

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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