COMMONWEALTH v. O'BRIEN

No. 164-1990.

7 Pa. D. & C. 4th 552 (1990)

Commonwealth v. O'Brien

Common Pleas Court of Jefferson County, Pennsylvania.

September 18, 1990.


Attorney(s) appearing for the Case

Mark A. Wallisch, district attorney, for the Commonwealth.

Robert M. Hanak, for defendant.


SNYDER, P.J., September 18, 1990.

This case is presently before the court on defendant's motion to suppress.

ISSUE

The issue in this case is whether the warrantless arrest of a non-resident defendant is invalid where the arresting officer is not in uniform at the time of the arrest. If the arrest is invalid the evidence obtained by virtue of the defendant's unlawful arrest is, of course, inadmissible.

FACTS

On June 6, 1990...

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