Legal Opinion

In re J.V.

Superior Court of Pennsylvania

Decided November 1, 2000PublishedCited by 12 opinions

1Opinion of the Court

CAVANAUGH, J.:

¶ 1 This appeal is taken from the order of the trial court which adjudicated appellant delinquent. The issue before this court is whether, pursuant to the Fourth Amendment to the United States Constitution and Article I, Section 8 of the Pennsylvania Constitution, the trial court properly denied appellant’s motion to suppress physical evidence obtained pursuant to a protective pat-down. Because we find that the police lacked a reasonable belief that the appellant was armed and dangerous to justify the pat-down, we reverse and remand for a new trial.

The facts as gleaned from the…

2Cases cited17 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Minnesota v. DickersonSupreme Court of the United States · 1993
  3. Ybarra v. IllinoisSupreme Court of the United States · 1980
  4. Commonwealth v. HicksSupreme Court of Pennsylvania · 1969
  5. Commonwealth v. MelendezSupreme Court of Pennsylvania · 1996

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3Cited by12 opinions

  1. Commonwealth v. GraySuperior Court of Pennsylvania · 2006
  2. Commonwealth v. YongSuperior Court of Pennsylvania · 2015
  3. Commonwealth v. YongSupreme Court of Pennsylvania · 2018
  4. Commonwealth v. MathisSuperior Court of Pennsylvania · 2015
  5. In the Interest of C.C.Superior Court of Pennsylvania · 2001

7 more not listed; retrieve them via the Exa API.

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