COM. v. TOANONE


381 Pa.Super. 336 (1989)

553 A.2d 998

COMMONWEALTH of Pennsylvania, Appellant, v. Philip N. TOANONE, Appellee.

Supreme Court of Pennsylvania.

Filed January 19, 1989.


Attorney(s) appearing for the Case

Joseph J. Mittleman, Assistant District Attorney, Media, for Com., appellant.

Edward J. Zetusky, Jr., Chester, for appellee.

Before WIEAND, BECK and MELINSON, JJ.


BECK, Judge:

This is an appeal by the Commonwealth from an order suppressing evidence relating to the charge that Philip N. Toanone operated a motor vehicle while under the influence of alcohol. We reverse.

The relevant facts are not in dispute. On January 8, 1987, at approximately 8:30 P.M., Officer Donahue of the Springfield Township Police was waiting in his police car at a traffic light on Baltimore Pike when he was approached by Mr. Gerald Plasmeier....

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