Commonwealth v. Hoak

EAKIN, Judge.

Mark K. Hoak appeals from the judgment of sentence entered in the Court of Common Pleas of Mercer County following his conviction for possession of marijuana and drug paraphernalia.

The issue before us is whether, after concluding a lawful traffic stop of appellant and stating “you are free to leave,” a police officer’s follow-up question constituted an investigative detention unsupported by reasonable suspicion, which vitiated appellant’s response, an invitation to search. Because we find appellant’s consent was given voluntarily and knowingly during a noncoereive encounter, we…