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ROXANNE H. COSTOPOULOS
OTN: E936049-2
· IN THE COURT OF COMMON PLEAS OF
· CUMBERLAND COUNTY, PENNSYLVANIA
·
·
· 2000-2368 CRIMINAL TERM
IN RE- DEFENDANT'S OMNIBUS PRETRIAL MOTION
TO SUPPRESS EVIDENCE
BEFORE' GUIDO, J..
MEMORANDUM OPINION AND ORDER OF COURT
After a hearing and after having reviewed the legal authority submitted by the
parties, we are satisfied that the cases cited by defendant, i.e., Commonwealth v.
McCandless, 538 Pa. 286, 648 A.2d 309 (1994) and Commonwealth v. Bradley, 724
A.2d 351 (Pa. Super. 1999), are distinguishable from the case at bar.
We are further satisfied that the officers made a good faith attempt to comply with
the dictates of the Municipal Police Jurisdiction Act (42 Pa.C.S.A. § 8953). While there
may have been a technical violation, the officers' conduct was certainly within the spirit
of the act.
The facts of this case are similar to those in Commonwealth v. O'Shea, 523 Pa.
384, 567 A.2d 1023, (1989) and Commonwealth v. Mason, 507 Pa. 396, 490 A.2d 421
(1985). The suppression of evidence would be an extreme remedy for such a technical
violation of the act. Therefore, following O'Shea and Mason we will not grant the
defendant's Motion to SUppress Evidence.
2000-2368 CRIM1NAL TERM
ORDER OF COURT
AND NOW, this 8TM day of FEBRUARY, 2001, defendant's Motion to Suppress
Evidence is DENIED.
Edward E. Guido, J.
District Attorney's Office
Public Defender's Office
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