Reittinger v. Commonwealth

COLEMAN, Judge.

Christopher John Reittinger was convicted in a bench trial for possession of marijuana. On appeal, Reittinger contends: (1) he was “seized” in violation of the Fourth Amendment by the officer’s show of authority in asking for consent to search the vehicle after having indicated that Reittinger was free to leave, and (2) the evidence was seized as the result of an illegal frisk that violated the Fourth Amendment. We find that the officer’s encounter with Reittinger after concluding the motor vehicle equipment investigation was consensual in nature and, therefore, did not…