Commonwealth v. Roose

OPINION OF THE COURT

FLAHERTY, Chief Justice.

This is an appeal by allowance from the order of the Superior Court which reversed the conviction of appellee, Robert Roose, for DUI, related summary traffic offenses, and possession of a small amount of marijuana. The Superior Court ruled that the traffic arrest leading to the convictions was conducted by constables who had no authority to enforce the Motor Vehicle Code. The sole issue is whether constables have' authority to make traffic stops.

On January 25, 1994, shortly after midnight, two constables were waiting at a traffic light in the…