Peguese v. Commonwealth

UPON A REHEARING EN BANC

Opinion

FITZPATRICK, J.

On November 23, 1993, a panel of this Court reversed the convictions of Ronald Anthony Pegúese (appellant) for possession of cocaine with intent to distribute, possession of a firearm while in possession of cocaine, and possession of a firearm by a convicted felon. The panel held that the search of the driver was illegal because “[d] riving an automobile in the company of one who may possess an unidentified controlled substance does not provide a reasonable basis upon which to conclude that one is armed and dangerous.” See Peguese v. Commonwealth,…