COM. v. ROOSE


551 Pa. 410 (1998)

710 A.2d 1129

COMMONWEALTH of Pennsylvania, Appellant, v. Robert P. ROOSE, Appellee.

Supreme Court of Pennsylvania.

Decided April 22, 1998.


Attorney(s) appearing for the Case

Claire C. Capristo, Kevin F. McCarthy, Pittsburgh, for Com.

John A. Knorr, Pittsburgh, for Robert P. Roose.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO and NEWMAN, JJ.


OPINION OF THE COURT

FLAHERTY, Chief Justice.

This is an appeal by allowance from the order of the Superior Court which reversed the conviction of appellee, Robert Roose, for DUI, related summary traffic offenses, and possession of a small amount of marijuana. The Superior Court ruled that the traffic arrest leading to the convictions was conducted by constables who had no authority to enforce the Motor Vehicle Code. The sole issue is whether constables...

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