Commonwealth v. Cooper

OPINION BY

FITZGERALD, J.:

¶ 1 Appellant, Robert Cooper, files this appeal from the order entered in the Philadelphia County Court of Common Pleas, denying his petition for writ of certiorari following his non-jury conviction of possession of a controlled substance (marijuana). 1 On appeal, Appellant challenges the denial of his motion to suppress the evidence. We hold that a police officer may not conduct a pat-down search, i.e. a Terry frisk, 2 of a person who reaches toward his pocket upon the officer’s approach when that person obeys the officer’s directive to stop before actually reaching…