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COM. v. EMEIGH

905 A.2d 995 (2006)

COMMONWEALTH of Pennsylvania, Appellant, v. Ralph A. EMEIGH, Jr., Appellee.

Superior Court of Pennsylvania.

Filed August 8, 2006.

Attorney(s) appearing for the Case

Karen E. Kiebler, Asst. Dist. Atty., Bellefonte, for Com., appellant.

Leslie A. Dutchcot, State College, for appellee.

BEFORE: DEL SOLE, P.J.E., HUDOCK and McCAFFERY, JJ.

OPINION BY DEL SOLE, P.J.E.:

¶ 1 The Commonwealth appeals an order granting Appellee's motion to suppress and the sua sponte dismissal of charges brought against him. We reverse and remand for further proceedings.

¶ 2 Appellee was charged with driving under the influence of alcohol and possession of drug paraphernalia. Appellee filed a motion to suppress, following which a hearing was held. The suppression court

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