COM. v. WORTHY

No. 1 WAP 2007.

957 A.2d 720 (2008)

COMMONWEALTH of Pennsylvania, Appellant v. Mark S. WORTHY, Appellee.

Supreme Court of Pennsylvania.

Resubmitted January 14, 2008.

Decided October 27, 2008.


Attorney(s) appearing for the Case

Michael Wayne Streily, Allegheny County District Attorney's Office, for Com.

Martin W. Sheerer, Sheerer & Associates, Pittsburgh, for Mark S. Worthy.

Before CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, GREENSPAN, JJ.


OPINION

Justice McCAFFERY.*

In this matter of first impression, we granted allowance of appeal to consider whether the temporary suspension of a police sobriety checkpoint to relieve traffic congestion, conducted pursuant to the on-site officer's discretion, complied with the dictates of the Fourth Amendment to the United States Constitution and Article 1, Section 8 of the Pennsylvania Constitution, as explicated by this...

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