Commonwealth v. Finley

¶ 1 I join the opinion of the majority. I write separately only to emphasize my view that a defendant may have standing to challenge the authority of his arresting officer when qualification-based requirements such as training requirements have not been met.

¶ 2 The majority applies the de facto doctrine discussed in Commonwealth v. Pontious, 396 Pa.Super. 15, 578 A.2d 1, 3-4 (1990) (en banc). The majority states:

In the instant case, Officer Musial had de facto authority to conduct a lawful arrest of Appellee. See id. He had completed all the necessary training for police officers in this…