Superior Court of Pennsylvania· 1/23/2013

Commonwealth v. Cartagena

Citations

63 A.3d 294
2013 Pa. Super. 12
2013 Pa. Super. LEXIS 18

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding that, after lawful stop of defendant’s vehicle for illegally tinted windows, officers did not have reasonable suspicion for a late night protective sweep of defendant’s car despite defendant’s extreme nervousness
holding that the Commonwealth did not prove a reasonable basis for a protective search based on evidence of the driver’s nervousness during a late night stop of a vehicle with heavily tinted windows
noting that “we view facts not in isolation but in light of the totality of the circumstances when determining whether the police officers here had reasonable suspicion to have concern for their safety.”
“It is the rare person who is not agitated to some extent when stopped by police, even if the driver is a law-abiding citizen. . . .”
“[w]ithout more, the nervousness of a driver of a vehicle during a late night stop for suspected violation of the tinted window prohibition does not suffice to allow police to conduct a Terry frisk and a protective weapons search of a vehicle”

Source: CourtListener parenthetical corpus (CC0).

Judges: Bender, Donohue, Elliott, Lazarus, Mundy, Musmanno, Olson, Shogan, Wecht

Read full opinion on CourtListener

Cited by

17 cases in this archive cite this case.

Cites

40 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Commonwealth v. Cartagena

11 other CourtListener records share this case name.

Sourced from CourtListener / Free Law Project (CC0).

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