J. S30037/16
NON-PRECEDENTIAL DECISION – SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
v. :
:
THOMAS LAMAR JEFCOAT, : No. 1822 EDA 2015
:
Appellant :
Appeal from the Judgment of Sentence, April 22, 2015,
in the Court of Common Pleas of Lehigh County
Criminal Division at No. CP-39-CR-0004288-2014
BEFORE: GANTMAN, P.J., FORD ELLIOTT, P.J.E., AND JENKINS, J.
CONCURRING AND DISSENTING MEMORANDUM STATEMENT BY
FORD ELLIOTT, P.J.E.: FILED SEPTEMBER 16, 2016
I join in the Majority’s affirmance of the first issue raised by appellant
that the stop and protective search were legal. However, I respectfully
dissent from the Majority’s affirmance of the canine sniff of the book bag. I
believe that Officer Howells lacked probable cause for the search in that the
belief that the bag contained a digital scale had no other support in the
record and therefore was merely a hunch.