Commonwealth v. Mimms

While 1 believe that the judgment of sentence in this matter must be reversed and a new trial awarded, my reasons for reaching this result differ from the majority. I cannot agree that Officer Kurtz’s direction to appellant that he alight from his vehicle was such an arbitrary and unreasonable invasion of appellant’s liberty as to violate the fourth amendment.

The requirements of the fourth amendment applicable to the instant case were set forth most recently by the United States Supreme Court in United States v. Brig*554noni-Ponce, 422 U.S. 873, 95 S.Ct. 2574, 45 L.Ed.2d 607 (1975).

“The Fourth…