Commonwealth v. Rodriquez

OPINION OF THE COURT

CAPPY, Justice.

This case comes before us on the question of whether police officers may detain a person in the vicinity of a drug raid absent probable cause or reasonable suspicion linking that individual to the criminal activity under investigation. For the reasons that follow we find detention of individuals under circumstances lacking probable cause to be unconstitutional.

History of the Case

The present appeal arises out of a confidential informant’s tip to Lieutenant Flanagan of the York City Police Depart*65ment, that a “drug vending operation” was being conducted in an…