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COM. v. LEHMAN

870 A.2d 818 (2005)

COMMONWEALTH of Pennsylvania, Appellee v. Russell Edward LEHMAN, Appellant.

Supreme Court of Pennsylvania.

Decided March 29, 2005.

Attorney(s) appearing for the Case

Paul John Powers, Mercer, for Russell Edward Lehman, appellant.

Samuel R. Zuck, James Peter Epstein, Mercer, for the Com. of PA, appellee.

Stuart B. Suss, West Chester, for Office of Atty. Gen., appellee amicus curiae.

Before: CAPPY, C.J., CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and BAER, JJ.

OPINION

Justice EAKIN.

This case presents the question of whether the Municipal Police Jurisdiction Act (MPJA), 42 Pa.C.S. § 8953, is violated when a police officer leaves his primary jurisdiction to investigate a citizen's report of a motorist in distress in an adjacent municipality, finds probable cause to believe the motorist is intoxicated, and detains the motorist until an officer from that jurisdiction arrives. We hold it is not.

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