HomeMy WebLinkAbout00-1023 criminalCOMMONWEALTH
V ,
PHILIP THOMAS FRIESWYK ·
OTN' L059963-1
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
·
: 00-1023 CRIMINAL TERM
: CHARGE: (1) UNLAWFUL DELIVERY,
: MANUFACTURE, OR
: POSSESSION WITH
: INTENT TO DELIVER A
: SCHEDULE II
: CONTROLLED SUBSTANCE
(2) DUI
(3) DUS (SUM.)
(4) DRIVING VEHICLE AT
SAFE SPEED (SUM.)
· AFFIANT' PTL. CHRISTOPHER JONES
IN RE- OMNIBUS PRETRIAL MOTION
BEFORE GUIDO, J.
MEMORANDUM OPINION AND ORDER OF COURT
After hearing, we make the following findings of
fact, conclusions of law, and order.
FINDINGS OF FACT
1. On the early morning hours of Saturday, April
8th, 2000, Officer Chris Jones of the Mid Cumberland Valley
Regional Police Department was on stationary patrol in a
marked patrol vehicle in the 200 block of North Queen Street
in Shippensburg, Cumberland County, Pennsylvania.
2. The area is a residential area. It is a major
thoroughfare for college students coming to and from parties
and bars.
3. The officer was stopped there because it was a
Friday night which is particularly busy for pedestrian
traffic.
4. The posted speed limit begins at 35 miles per
hour and decreases to 25 miles per hour traveling in a south
to north direction.
5. At approximately 2-20 p.m. on the night in
question, the officer spotted the vehicle being driven by
the Defendant traveling south to north on Queen Street at a
,'significantly high rate of speed."
6. On the night in question there was a "melee of
pedestrian traffic in the area" consisting of students
returning to campus from bars and parties.
7. The officer immediately began pursuit of the
vehicle. It was difficult for him to judge distances since
he was constantly on the lookout for pedestrian traffic
himself.
8. He did not immediately activate his emergency
lights because he wanted to get closer to the vehicle in
order to reduce the possibility that the driver would flee.
CONCLUSIONS OF LAW
1. The officer had a reasonable, articulable
suspicion that the Defendant had violated the Vehicle Code.
lawful.
2. The stop of the Defendant's vehicle was
ORDER OF COURT.
AND NOW, this 16th day of October, 2000,
after hearing,
form a Motion
Defendant's Omnibus Pretrial Motion in
to Suppress Evidence is DENIED.
By
the
Edward E. Guido, J.
the
John A. Aborn, Esquire
Assistant District Attorney
For the Commonwealth
William T. Tully,
Private Counsel
For the Defendant
Esquire
Probation
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COMMONWEALTH
V ,
PHILIP THOMAS FRIESWYK '
OTN' L059963-1
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
·
: 00-1023 CRIMINAL TERM
: CHARGE: (1) UNLAWFUL DELIVERY,
: MANUFACTURE, OR
: POSSESSION WITH
: INTENT TO DELIVER A
: SCHEDULE II
: CONTROLLED SUBSTANCE
(2) DUI
(3) DUS (SUM.)
(4) DRIVING VEHICLE AT
SAFE SPEED (SUM.)
· AFFIANT' PTL. CHRISTOPHER JONES
IN RE- FOR TRIAL
ORDER OF COURT
AND NOW, this 16th day of October, 2000, the
Defendant having appeared in open court together with
Private Counsel, William T. Tully, Esquire, and the parties
having indicated that the case is ready for trial, the
Defendant is directed to appear for trial on Monday, October
23, 2000, at 9-00 a.m. and to remain until excused. It is
understood that defense counsel may have a conflict with a
trial in York County during the same week. If this conflict
materializes, this matter may be continued to the second
week of trials. If defense counsel is not available during
the week of the 23rd, he is specifically attached to this
Court duing the week of the 13th of November, 2000.
By the Court
Edward E. Guido, J.
John A. Abom, Esquire
Assistant District Attorney
William T. Tully, Esquire
Private Counsel
Probation
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