Com. v. Jefcoat, T. (concurring and dissenting memorandum statement)

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J. S30037/16 NON-PRECEDENTIAL DECISION – SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA v. THOMAS LAMAR JEFCOAT, Appellant : : : : : : : IN THE SUPERIOR COURT OF PENNSYLVANIA No. 1822 EDA 2015 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 FORD ELLIOTT, P.J.E.: DISSENTING MEMORANDUM STATEMENT BY 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.

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