COM. v. MONTGOMERY


341 Pa.Super. 573 (1985)

492 A.2d 14

COMMONWEALTH of Pennsylvania, Appellant, v. Gary Leo MONTGOMERY and Samuel Tribuiani. COMMONWEALTH of Pennsylvania v. Samuel TRIBUIANI, Appellant.

Supreme Court of Pennsylvania.

Filed April 19, 1985.


Attorney(s) appearing for the Case

Ronald T. Williamson, Assistant District Attorney, Norristown, for Commonwealth, appellant (at 3557) and appellee (at 1163).

Gilbert J. Scutti, Philadelphia, for appellees (at 3557).

Maurino, J. Rossanese, Jr., Conshohocken, for appellant (at 1163).

Before McEWEN, TAMILIA and HOFFMAN, JJ.


HOFFMAN, Judge:

The issues on appeal are (1) whether the Pennsylvania Intrastate Hot Pursuit Statute, 42 Pa.C.S.A. § 8901, authorizes police to pursue suspects into another jurisdiction in order to conduct a forcible investigatory stop and (2) assuming the instant arrest was illegal, whether the defendant Tribuiani's challenged statement was tainted by the illegality. We hold that the police must have probable cause to arrest before they pursue and detain a suspect...

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