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COM. v. DANFORTH

395 Pa.Super. 1 (1990)

576 A.2d 1013

COMMONWEALTH of Pennsylvania v. Sharon Louise DANFORTH, Appellant.

Supreme Court of Pennsylvania.

Filed June 14, 1990.

Attorney(s) appearing for the Case

James A. Swetz, Stroudsburg, for appellant.

E. David Christine, Dist. Atty., East Stroudsburg, for Com., appellee.

Before CIRILLO, President Judge, and CAVANAUGH, BROSKY, OLSZEWSKI, DEL SOLE, MONTEMURO, TAMILIA, KELLY, and JOHNSON, JJ.

MONTEMURO, Judge:

The issue on appeal is whether the taking and testing of a blood sample for alcohol content pursuant to one of the "implied consent" provisions of the Motor Vehicle Code, 75 Pa. C.S.A. § 1547(a)(2),1 violates the federal and state constitutional prohibition against unreasonable searches and seizures. We find that the breath, blood and urine tests authorized by Section 1547(a)(2) are constitutionally invalid. We reverse...

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