HomeMy WebLinkAbout00-0360 criminalCOMMONWEALTH IN THE COURT Of COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DARWIN W. GOSHORN 00-0360 CRIMINAL TERM
IN RE: MOTION TO SUPPRESS EVIDENCE
BEFORE BAYLEY, J.
ORDER OF COURT
AND NOW, this "~ ~ day of April, 2000, the motion of defendant to
suppress evidence, IS DENIED.
By the Court, ' ?'
Edgar B. Bayley, O. [,~
John Abom, Esquire
For the Commonwealth
H. Anthony Adams, Esquire
For Defendant
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COMMONWEALTH IN THE COURT Of COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
DARWIN W. GOSHORN 00-0360 CRIMINAL TERM
IN RE: MOTION TO SUPPRESS EVIDENCE
BEFORE BAYLEY, J,
OPINION AND ORDER OF COURT
Bayley, J,, April 26, 2000:--
Defendant, Darwin W. Goshorn, is charged with a count of driving under the
influence in violation of the Vehicle Code at 75 Pa.C.S. § 3731(a)(1)(4). He filed a
motion to suppress all evidence gained by the police after he was stopped at a
roadblock/checkpoint. A hearing was conducted on April 25, 2000. Defendant
acknowledges that the roadblock/checkpoint where he was stopped was conducted
substantially in compliance with the guidelines set forth in Commonwealth v. Tarbert,
517 Pa. 277 (1987). In Tarbert, a plurality of the Supreme Court of Pennsylvania
concluded that roadblock/checkpoints are constitutional as long as they are conducted
substantially in compliance with guidelines set forth in that opinion. In Commonwealth
v. Blouse, 531 Pa. 167 (1992), a majority of the Supreme Court of Pennsylvania
applied the guidelines in Tarbert in determining that systematic, non-discriminatory,
non-arbitrary roadblock/checkpoints conducted pursuant to the Vehicle Code at 75
Pa.C.S. Section 6308(b), are constitutional.
00-0360 CRIMINAL TERM
Notwithstanding, defendant still maintains that a stop made at a
roadblock/checkpoint is unconstitutional and that all evidence gained therefore must be
suppressed. He pursues this claim based on the Supreme Court of Pennsylvania
having accepted for review the case of Commonwealth v. Yastrop, 738 A.2d 1059
(Pa. Super. 1999), allocatur granted 747 Pa. 901, (259 M.D. Appeal Docket 1999). In
Yastrop, the Superior Court of Pennsylvania concluded that it was bound by the
decision in Commonwealth v. Blouse, supra, that roadblock/checkpoints are
constitutional. This court, of course, is also bound by Blouse. Accordingly, the
following order is entered.
ORDER OF COURT
AND NOW, this. //-~ day of April, 2000, the motion of defendant to
suppress evidence, IS DENIED.
By the Courti?~
John Abom, Esquire
For the Commonwealth
H. Anthony Adams, Esquire
For Defendant
:saa
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