Com. v. Cunningham, D.

J-A23021-22

2022 PA Super 213

COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA Appellant : : : v. : : : DWAYNE CUNNINGHAM : No. 86 MDA 2022 Appeal from the Order Entered December 8, 2021 In the Court of Common Pleas of Schuylkill County Criminal Division at No(s): CP-54-CR-0000856-2021 BEFORE: BOWES, J., McCAFFERY, J., and STEVENS, P.J.E.* DISSENTING OPINION BY McCAFFERY, J.: FILED DECEMBER 13, 2022 Because I conclude Officer Bucek had no reasonable suspicion to detain Appellee or to suspect he was armed and dangerous to justify a Terry1 frisk, I am compelled to dissent.…