Commonwealth v. Stackfield

ROWLEY, President Judge:

Appellant Thomas Staekfield was convicted after a bench trial on May 20,1993, of two counts of unlawful possession of a controlled substance, 35 P.S. § 780 — 113(a)(16)(A) and § 780-113(a)(31)(i) and (ii)(B), and sentenced to five (5) to ten (10) months incarceration. On appeal, appellant claims that the trial court erred in admitting evidence seized from his pockets pursuant to a search that he alleges exceeded the scope permissible under Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), in that the officer conducting the frisk of appellant admitted…