Commonwealth v. John Au  2009 PA Super 231 (12/01/2009) Topic: Suppression of Evidence – Mere Encounter vs. Investigative Detention Summary: Where an officer approaches a vehicle to see if the occupants are in need of help, the mere encounter is transformed to an investigative detention when the officer persists in asking questions after he has received information showing the occupants are not in need of help. Illustration: The defendant...

Commonwealth v. Collin Rowe 2009 PA Super 215 (11/12/2009) Topic: Warrantless Entry – Motion to Suppress Summary: A police officer must be able to identify exigent circumstances to justify a warrantless entry into a home.  An open door during the “typical waking hours of the night” with no other facts showing exigency is insufficient to justify a warrantless entry. Facts: During a nighttime storm that caused downed powerlines,...

Commonwealth v. Harry Galendez 2009 PA Super 185 (9/16/2009) Topic: Defendant’s Right to be Present – Parole and Probation Searches Summary: The defendant and his counsel have the right to be present at every crucial stage of the trial process, including the issuing of probationary conditions. Searches made as a condition of parole or probation must be supported by reasonable suspicion. Additionally, the trial court may not make any...