CRIMINAL (SEARCH): COMMONWEALTH V. GILBERT (COA 1/12/2007)

COMMONWEALTH V. GILBERT
Criminal – Search & Seizure; Traffic Stop
2005-CA-001203
PUBLISHED: AFFIRMING; BUCKINGHAM
DATE RENDERED: 1/12/2007

Citing Illinois v. Caballes, 543 U.S. 405, 125 S.Ct. 834, 160 L.Ed.2d 842 (2005), CA affirmed TC’s order of suppression follow traffic stop and drug discovery.  TC order was supported by substantial evidence:  TC found that Gilbert was detained approximately 12 to 14 minutes after the sobriety tests and that the detention was several minutes longer than it would have taken the officers to issue a traffic citation to Gilbert and allow him to leave.  The court also found that there was a considerable discussion between Officer Lancaster and Gilbert before the handgun was discovered. Thus, CA rejected the Commonwealth’s argument that Gilbert was detained no longer than the time required to write him a citation or warning as well as the argument that the handgun would likely have been discovered at any rate when the officer delivered Gilbert a citation or warning ticket.

Digested by Scott Byrd 

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