M.D. Appeal Dkt.
9 MAP 2017
IN THE SUPREME COURT OF PENNSYLVANIA
MIDDLE DISTRICT
COMMONWEALTH OF PENNSYLVANIA, : No. 637 MAL 2016
:
Respondent :
: Petition for Allowance of Appeal from
: the Order of the Superior Court
v. :
:
:
RANDY JESUS VALDIVIA, :
:
Petitioner :
ORDER
PER CURIAM
AND NOW, this 1st day of February, 2017, the Petition for Allowance of Appeal
is GRANTED. The issue, as stated by Petitioner, is:
Whether, in a case of first impression, the Superior Court erred in
holding that a reasonable person would have understood that their
consent to a roadside search of their vehicle would encompass a
canine sniff of all of the packages contained inside the vehicle, and
that said consent was knowing, intelligent, and voluntary where the
police officers withheld pertinent information about the forthcoming
search from Petitioner, including that the canine search would not
start any sooner than an hour from when Petitioner’s consent was
given?