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Constitutional levels of police interaction with individuals

Police interactions with individuals are often the basis for motions to suppress evidence.  The allegation is generally that the police officer did not have the requisite level of suspicion in order to conduct the type of interaction with an individual that ultimately lead to discovery of incriminating evidence.

In Pennsylvania, there are three categories of interaction between the police and members of the public: 1) mere encounters, which are characterized by the fact that the suspect has no official compulsion to stop or respond to the police, and which need not be supported by any level of suspicion; 2) investigative detentions, in which suspects are required to stop and submit to a period of detention, but are not subject to such coercive conditions to qualify as an arrest, and which must be supported by reasonable suspicion and 3) arrests, or custodial detentions, which must be supported by probable cause.  See Commonwealth v. Astillero39 A.3d 353, 357-358 (Pa. Super. 2012)

If you or a loved one has a case dealing with police interaction and a search or seizure that uncovered evidence the Commonwealth is seeking to use against you, contact the aggressive and experienced attorneys at the Kelly Law Firm for a free consultation.

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