# Commonwealth v. Tarbert

> Supreme Court of Pennsylvania · December 6, 1985 · 348 Pa. Super. 306

URL: https://www.frixlaw.com/law-library/cases/9703074

## Case

- **Full name:** COMMONWEALTH of Pennsylvania v. Joseph D. TARBERT, Appellant
- **Court:** Supreme Court of Pennsylvania
- **Decided:** December 6, 1985
- **Citations:** 348 Pa. Super. 306; 502 A.2d 221; 1985 Pa. Super. LEXIS 10342
- **Precedential status:** Published
- **Opinion:** Dissent by Wickersham
- **Judges:** Wickersham, Cirillo, Johnson
- **Cited by:** 17 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9703074

## Opinion text

WICKERSHAM, Judge,
dissenting:
I dissent. I would recognize the validity of non-discriminatory, non-arbitrary roadblocks. See Texas v. Brown, 460 U.S. 730 , 103 S.Ct. 1535 , 75 L.Ed.2d 502 (1983); Delaware v. *317 Prouse, 440 U.S. 648 , 99 S.Ct. 1391 , 59 L.Ed.2d 660 (1979). I read nothing in the Pennsylvania Constitution that calls for a different interpretation than that espoused by our United States Supreme Court in the above cited cases.
I would also note that the state legislature has recently passed amendments to Title 75 of the Pennsylvania Motor Vehicle Code which authorize “systematic vehicle inspection programs,” 75 Pa.C.S. § 4704(A)(2) (as amended 1985, June 19, P.L.-, No. 20, § 5, effective in 60 days) 1 and which give authority to police officers who are “engaged in a systematic program of checking vehicles or drivers” to “stop a vehicle ... for the purpose of checking the vehicle’s registration ... or [a] driver’s license....” 75 Pa.C.S. § 6308(b) (as amended 1985, June 19, P.L. -, No. 20, § 10, effective in 60 days), 2 without the requirement of articulable and reasonable grounds to suspect a violation of the code.
In conclusion, I would find non-discriminatory, non-arbitrary roadblocks valid under the Pennsylvania Constitution; *318 accordingly I would affirm the judgment of sentence in the case sub judice.
. The new amendment to 75 Pa.C.S. § 4704(A)(2) reads:
§ 4704. Inspection by police or [Department] Commonwealth personnel.
(A) Authority To Inspect
(2) Systematic vehicle inspection programs. — Any Pennsylvania State Police Officer or qualified Commonwealth employee engaged in a systematic vehicle inspection program may inspect any vehicle, driver, documents, equipment and load to determine whether they meet standards established in department regulations. (Underscored material is added, bracketed material is deleted).
. The new amendment to 75 Pa.C.S. § 6308(b) reads:
§ 6308. Investigation by police officers.
******
(B) Authority of police officer. — Whenever a police officer is engaged in a systematic program of checking vehicle or drivers or has articulable and reasonable grounds to suspect a violation of this title, he may stop a vehicle, upon request or signal, for the purpose of [inspecting the vehicle as to its equipment and operation, or] checking the vehicle’s registration, proof of financial responsibility, vehicle identification number or engine number or the driver's license, or to secure such other information as the officer may reasonably believe to be necessary to enforce the provisions of this title. (Underscored material is added, bracketed material is deleted).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9703074. Public record. Not legal advice.