Commonwealth v. Quaid

OPINION BY

BENDER, J.:

¶ 1 This is an appeal from a judgment of sentence imposed upon Appellant after he was convicted of possession of drug paraphernalia and a small amount of marijuana. Appellant raises one question in this appeal, whether a Norfolk Southern Railroad Police Officer may lawfully stop a motor vehicle for general enforcement of the Motor Vehicle Code on a public highway when there is no nexus to railroad property or passengers except the mere presence of railroad tracks in close proximity to a highway? We vacate Appellant’s judgment of sentence.

¶ 2 The trial court recites the…