Commonwealth v. Baer

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…