Commonwealth v. Cost, 198 A.3d 1047 (2018)

Dec. 4, 2018 · Supreme Court of Pennsylvania · No. 300 EAL 2018
198 A.3d 1047

COMMONWEALTH of Pennsylvania, Respondent
v.
Harold COST, Petitioner

No. 300 EAL 2018

Supreme Court of Pennsylvania.

December 4, 2018

ORDER

PER CURIAM.

AND NOW, this 4th day of December, 2018, the Petition for Allowance of Appeal is GRANTED, LIMITED TO the issue set forth below. Allocatur is DENIED as to all remaining issues. The issue, as stated by petitioner, is:

(1) Did not the Superior Court panel misapply and expand this Court's decision in Commonwealth v. Lyles, 626 Pa. 343, 97 A.3d 298 (2014), in reversing the grant of suppression by the trial court, because where two officers retain control of a person's identification in order to run a background check while continuing to question him about his possessions, the interaction is escalated from a mere encounter to an investigative detention?