Commonwealth v. Guzman

OPINION BY GANTMAN, J.:

The Commonwealth of Pennsylvania appeals from the order entered in the Lu-zerne County Court of Common Pleas, granting Appellee’s motion to suppress. After review, we hold the court erred when it suppressed the evidence at issue because: (1) the preliminary interaction between Appellee and Officer Wetzel was a mere encounter only; (2) Officer Wet-zel’s subsequent decision to conduct a frisk for weapons was justified under the circumstances; and (3) Officer Wetzel lawfully seized the drugs inside the SUV as contraband found in plain view. Accordingly, we reverse the…