Opinion

Commonwealth v. Price

  • 406 Pa. Super. 166
  • 593 A.2d 1288
  • 1991 Pa. Super. LEXIS 1821
Court
Superior Court of Pennsylvania
Filed
Jul 3, 1991
Status
Published
Author
Hoffman
On the bench
Olszewski, Hudock, Hoffman
Cited by
9 cases
Authority
More cited than 10.4%

The opinion

HOFFMAN, Judge,

concurring.

I write separately only to address further the Supreme Court decision in Commonwealth v. Galloway. In my view, Galloway is inapposite for an additional reason. The Galloway Court held that it was error to quash an information based upon an illegal arrest by a special agent of the Attorney General’s Office, because a later arrest by a State Trooper was valid. I see this question—i.e., whether a prosecution is defective from its inception because of an unlawful arrest—as being distinguishable from the more limited question of whether certain evidence secured as a result of the illegal arrest should be suppressed. 1 And, on the latter point, I agree with the Majority that there is no question that the appropriate legal remedy for the initial illegal arrest is suppression of the fruits of the illegality. See Commonwealth v. Leet, 401 Pa.Super. 490 , 585 A.2d 1033 (1991); Commonwealth v. Palm, 315 Pa.Super. 377 , 462 A.2d 243 (1983), allocatur denied; Commonwealth v. Eshelman, 236 Pa.Super. 223 , 345 A.2d 286 (1975) (HOFFMAN, J., dissenting), rev’d 477 Pa. 93 , 383 A.2d 838 (1978). See generally, Comment, Arrest and Search Powers of Special Police in Pennsylvania, 59 Temp.L.Q. 497 (1986). Having made this comment, I join wholeheartedly in the excellent majority Opinion.

. The majority properly recognizes this distinction, as it summarily rejects appellant’s argument that the court below should have quashed the information against him. See at 169 n. 1.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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