Commonwealth v. Hoak

The Majority concludes that the trial court correctly refused to suppress the evidence obtained during the search of Hoak’s luggage, and bases its decision solely upon the United States Constitution. I believe that we cannot reach the merits of this case because the record as certified to this Court contains no record of the evidence presented to the suppression court. Additionally, even if I assume that the record is sufficient for us to reach the merits, I believe that Hoak’s consent was not effective under the Pennsylvania Constitution. I therefore dissent.

I. EFFECT OF DEFICIENCY IN THE…