HomeMy WebLinkAboutCP-21-CR-0003355-2009
COMMONWEALTH : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CP-21-CR-3355-2009
:
V. : CHARGE: UNLAWFUL DELIVERY,
: MANUFACTURE OR POSSESSION WITH
: INTENT TO DELIVER A SCHEDULE II,
: CONTROLLED SUBSTANCE – COCAINE
:
CONWAY R. BROWN : AFFIANT: DET. JEFFREY KURTZ
OTN: L526973-6
IN RE: OPINION PURSUANT TO Pa.R.A.P. 1925
Ebert, J., March 3, 2011 -
The Defendant has filed this timely appeal from our Order of Sentence
dated February 8, 2011. The issues raised on appeal are that the Suppression
Court Judge erred in denying the Defendant’s Motion to Suppress where:
(a) Officers conducted an investigative traffic stop without
requisite reasonable suspicion;
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(b) Officers performed an unreasonable Terry frisk; and
(c) The search warrant affidavit lacked the necessary probable
cause to support the issuance of a valid search warrant
of the Defendant’s residence.
This Suppression Motion was decided by President Judge Kevin A. Hess by
Order of Court dated June 16, 2010, which is attached hereto. The Honorable
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Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968).
Kevin A. Hess has indicated that he will address the issues raised by the
Defendant in a separate opinion.
By the Court,
M. L. Ebert, Jr., J.
District Attorney’s Office
Bryan M. McQuillan, Esquire
Attorney for Defendant
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