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COM. v. LEET

401 Pa.Super. 490 (1991)

585 A.2d 1033

COMMONWEALTH of Pennsylvania, Appellant, v. Marshall Edwin LEET, Appellee.

Superior Court of Pennsylvania.

Filed January 23, 1991.

Attorney(s) appearing for the Case

Bradley K. Hellein, Asst. Dist. Atty., Kittanning, for Com.

Joseph Caruso, Ford City, for appellee.

Blaine A. Lucas, Pittsburgh, amicus curiae.

Stephen F. Ritner, Philadelphia, amicus curiae.

Anthony C. Busillo, Harrisburg, amicus curiae.

Before CIRILLO, President Judge, and WIEAND, McEWEN, MONTEMURO, BECK, KELLY, JOHNSON, HUDOCK and FORD ELLIOTT, JJ.

WIEAND, Judge:

Does a deputy sheriff have authority in Pennsylvania to make warrantless arrests for Vehicle Code violations occurring in his or her presence? The trial court held that deputy sheriffs did not have such authority and suppressed contraband found in the motorist's vehicle following an arrest by a deputy sheriff. The Commonwealth appealed. We affirm.

On May 17, 1988, while driving a marked...

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