Commonwealth v. Lovette

The majority holds that the police, by putting appellant into the police wagon and transporting him to the scene of the burglary, did not “arrest” him, but instead carried out a permissible “intermediate response”, short of a full arrest. At 392. This holding, I submit, is incorrect under a number of decisions, which Judge HESTER collected and stated in Commonwealth v. Gray, 262 Pa.Super. 351, 396 A.2d 790 (1979). In Gray, police were given a description of robbers and stopped four individuals, put them into the police van, and drove back to the scene of the robbery. Judge HESTER said:

Nor do…