Commonwealth v. Cartagena

DISSENTING OPINION BY

MUNDY, J.:

I respectfully dissent from the learned Majority’s decision to affirm the grant of suppression in this case. In my view, the uncontradicted evidence presented by the Commonwealth at the suppression hearing was sufficient to support a finding of reasonable suspicion on the part of Officer Johncola.

The Majority correctly utilizes the reasonable suspicion standard articulated in Michigan v. Long, 468 U.S. 1032,103 S.Ct. 3469, 77 L.Ed.2d 1201 (1983).1 See Majority Opinion at 298. The United States Supreme Court has consistently observed that routine traffic stops…