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COM. v. CHASE

No. 18 WAP 2005

960 A.2d 108 (2008)

COMMONWEALTH of Pennsylvania, Appellant v. Bruce Alan CHASE, Appellee.

Supreme Court of Pennsylvania.

Decided November 26, 2008.

Attorney(s) appearing for the Case

Bradley Henry Foulk, Erie County Dist. Attorney's Office, Douglas Grant McCormick, for the Com. of PA, appellant.

Michael F.J. Piecuch, Office of Atty. Gen., for Office of Attorney General, appellant amicus curiae.

Philip B. Friedman, Ambrose, Friedman & Weichler, for Bruce Alan Chase, appellee.

John B. Mancke, Mancke, Wagner & Spreha, Harrisburg, for Pennsylvania Ass'n of Criminal Defense Lawyers, appellee amicus curiae.

Sarah Sisti McInnes, Bryan Roger Sgrignoli, Drinker, Biddle & Reath, LLP, Philadelphia, for American Civil Liberties Union of PA, appellee amicus curiae.

BEFORE: CAPPY, C.J., CASTILLE, NEWMAN, SAYLOR, EAKIN, BAER and BALDWIN, JJ.

OPINION

Justice EAKIN.

At 3:30 a.m. on August 24, 2004, Officer John Stephens was parked off Route 5, a two-lane highway with a broken-yellow center line and no traffic signals. Officer Stephens watched appellee's car for 20 to 30 seconds before it passed him; he saw the car cross the center line for a few seconds and estimated it was traveling above the speed limit. Officer Stephens followed the car; he saw it cross the right fog line for a few seconds...

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