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The Pennsylvania Supreme Court has agreed to determine whether a state trooper’s interaction with a voluntarily stopped motorist is a mere encounter or an investigative detention that requires reasonable suspicion to produce criminal evidence.

The justices granted allocatur May 3 in Commonwealth v. Livingstone, in which Victoria Livingstone is seeking the suppression of evidence gathered during an interaction she had with a trooper on Interstate 79 that led to convictions of DUI and related charges.

The court said it will review the following question: “Where a police officer approaches a voluntarily stopped motorist with emergency lights activated, would a reasonable motorist feel that she was not free to leave prior to the approaching officer stopping to interact with her, or simply passing her by?”

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