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COM. v. HENDERSON

444 Pa.Super. 170 (1995)

663 A.2d 728

COMMONWEALTH of Pennsylvania, Appellant, v. Andrew HENDERSON, Appellee. COMMONWEALTH of Pennsylvania, Appellant, v. Robert KENNEDY, Appellee. COMMONWEALTH of Pennsylvania, Appellant, v. Andre LONDON, Appellee.

Superior Court of Pennsylvania.

Filed August 10, 1995.

Attorney(s) appearing for the Case

Stuart B. Suss, Assistant District Attorney, West Chester, for Commonwealth, appellant.

Jenny Steinen, Assistant Public Defender, West Chester, for appellees.

Before ROWLEY, President Judge, and WIEAND, McEWEN, CIRILLO, DEL SOLE, KELLY, POPOVICH, FORD ELLIOTT, and SAYLOR, JJ.

KELLY, Judge:

In this appeal we must determine whether the police may stop motor vehicles solely because their drivers and/or frontseat passengers over the age of four are not using seat belts. After careful consideration, we hold that the police lack the authority to stop motor vehicles under such circumstances. Thus, we affirm the suppression court's February 1, 1994 order which suppressed all evidence accumulated...

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