Commonwealth v. Valdivia, R., Aplt.

SAYLOR, C.J., BAER, TODD, DONOHUE, DOUGHERTY, WECHT, MUNDY, JJ.

OPINION

JUSTICE DONOHUE

This discretionary appeal addresses the scope of consent given by a motorist to law enforcement for the search of his vehicle. For the reasons that follow, we conclude that the consent given by Appellant, Randy Jesus Valdivia ("Valdivia"), to Pennsylvania State Police Troopers Jeremy Hoy and David Long to search his van did not extend to a canine search occurring approximately forty minutes later. A reasonable person in Valdivia's position would not have understood that he was consenting to such a search. We…