Commonwealth v. Yoder

Dissenting Opinion by

Van der Voort, J.:

I respectfully dissent. While I agree with the position of the Court, as expressed in the Opinion Per Curiam, that consideration of a motion for arrest of judgment must be based on the record as a whole, I conclude that the Order should be reversed on substantive grounds.

The record shows that appellee at first informed the investigating troopers that they could search the vehicle only with a search warrant. Appellee and one other were riding in a car which the State Police stopped for a violation of The Vehicle Code. Smelling marijuana, seeing smoke…