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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA Appellant : : : v. : : : JESSICA AMBER FROEHLICH : No. 606 WDA 2022 Appeal from the Suppression Order Entered April 22, 2022 In the Court of Common Pleas of Erie County Criminal Division at No(s): CP-25-CR-0002135-2021

BEFORE: BOWES, J., OLSON, J., and COLINS, J.* CONCURRING STATEMENT BY COLINS, J.: FILED: December 21, 2023 I feel compelled to write separately to distinguish that I am joining the majority memorandum because I believe our Supreme Court’s decision in Commonwealth v. Hicks, 208 A.3d 916 (Pa. 2019), and this Court’s decision in Commonwealth v. Malloy, 257 A.3d 142 (Pa. Super. 2021), compel the result reached in this case. At the same time, I note that the issue of police officer safety that the dissenting memorandum addresses at length makes me question the internal logic of Malloy’s holding that prevents officers from conducting firearms authorization searches incidental to lawful traffic stops when they are already in possession of the firearms in question. Without Malloy, this Court could arguably distinguish Hicks in this case, but I disagree

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* Retired Senior Judge assigned to the Superior Court.

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with the dissent that Malloy can be distinguished. For these reasons, I think this case would warrant en banc review.

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