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COM. v. DEMOR

942 A.2d 898 (2008)

COMMONWEALTH OF Pennsylvania, Appellant v. Vincent DEMOR, Appellee.

Superior Court of Pennsylvania.

Filed January 7, 2008.

Reargument Denied March 13, 2008.

Attorney(s) appearing for the Case

Michael W. Streily, Deputy Dist. Atty. and Kevin F. McCarthy, Asst. Dist. Atty., Pittsburgh, for the Com., appellant.

Paul D. Boas, Pittsburgh, for appellee.

BEFORE: JOYCE, BENDER and KELLY, JJ.

OPINION BY KELLY, J.:

¶ 1 In this Commonwealth appeal from the order granting the suppression motion of Appellee, Vincent Demor, the Court is presented with the question of whether an off-duty paramedic acts as an agent or instrument of the state in detaining a suspected drunk driver. Because we find that he does not, we reverse and remand.

¶ 2 While driving home in a minivan with his wife and children,...

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