HomeMy WebLinkAboutCP-21-CR-1131-2007
COMMONWEALTH : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CP-21-CR-1131-2007
V. :
: CHARGE: DRIVING UNDER THE
: INFLUENCE, CONTROLLED SUBSTANCE
:
PHILLIP LEROY BEASLEY : AFFIANT: PTL. LANE PRYOR
OTN: K321593-6
IN RE: OMNIBUS PRE-TRIAL MOTION
ORDER OF COURT
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AND NOW
, this 18 day of January, 2008, upon consideration of the
Defendant’s Omnibus Pre-Trial Motion to Suppress and after hearing, the Court makes
the following:
FINDINGS OF FACT
1. The Defendant was driving a motor vehicle traveling south bound on
nd
32 Street in Camp Hill at approximately 9:30 p.m. on January 12, 2007.
2. Officer Lane Pryor, a trained Police Officer with 13 years experience in
law enforcement, observed the Defendant’s vehicle stopped in the roadway while facing
a steady green light in his direction for a period of approximately 5 seconds for no
apparent reason.
nd
3. The Defendant then continued southbound on 32 Street and moved
from the right hand lane to the left hand lane where he proceeded forward at a speed of
30 miles per hour in a 35 mile per hour zone, which the Officer found to be less than the
normal speed of traffic at that time and place under the conditions then existing.
4. Officer Pryor had articulable and reasonable grounds to suspect a
violation of Section 3111 of the Vehicle Code, Obedience to Traffic Control Devices,
and/or Section 3301 (b), Vehicle Proceeding at Less Than Normal Speed.
CONCLUSIONS OF LAW
1. The stop of the Defendant’s vehicle was lawful and not in violation of
any of the Defendant’s rights under the Fourth or Fifth Amendments to the United
States Constitution or Sections 8 and 9 of Article I of the Pennsylvania Constitution.
IT IS HEREBY ORDERED AND DIRECTED
Accordingly, that the
DENIED
Defendant’s Omnibus Pre-Trial Motion to Suppress is .
By the Court,
M. L. Ebert, Jr., J.
John C. Dailey, Esquire
Senior Assistant District Attorney
Arla M. Waller, Esquire
Assistant Public Defender
Adult Probation
Court Administrator
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