# Commonwealth v. Baer

> Superior Court of Pennsylvania · December 6, 1994 · 439 Pa. Super. 437

URL: https://www.frixlaw.com/law-library/cases/9732775

## Case

- **Full name:** COMMONWEALTH of Pennsylvania, Appellant, v. Bridget Dale BAER
- **Court:** Superior Court of Pennsylvania
- **Decided:** December 6, 1994
- **Citations:** 439 Pa. Super. 437; 654 A.2d 1058
- **Precedential status:** Published
- **Opinion:** Concurring in part by McEWEN
- **Judges:** McEwen, Tamilia and Ford Elliott
- **Cited by:** 22 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9732775

## Opinion text

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....”

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9732775. Public record. Not legal advice.