Legal Opinion

Commonwealth v. Lehman

Supreme Court of Pennsylvania

Decided March 29, 2005No. 43 WAP 2003PublishedCited by 43 opinions

1Opinion of the Court

OPINION

Justice EAKIN.

This case presents the question of whether the Municipal Police Jurisdiction Act (MPJA), 42 Pa.C.S. § 8953, is violated when a police officer leaves his primary jurisdiction to investigate a citizen’s report of a motorist in distress in an adjacent municipality, finds probable cause to believe the motorist is intoxicated, and detains the motorist until an officer from that jurisdiction arrives. We hold it is not.

In the early morning hours of August 14, 1999, a private citizen stopped Officer Robert Wagner of the New Wilmington Police Department and informed him a red car…

2Cases cited5 opinions

  1. Commonwealth v. MasonSupreme Court of Pennsylvania · 1993
  2. Commonwealth v. LehmanSuperior Court of Pennsylvania · 2003
  3. Commonwealth v. MerchantSupreme Court of Pennsylvania · 1991
  4. Commonwealth v. McCandlessSupreme Court of Pennsylvania · 1994
  5. Commonwealth v. PrattiSupreme Court of Pennsylvania · 1992

3Cited by43 opinions

  1. Commonwealth v. BOROVICHKASuperior Court of Pennsylvania · 2011
  2. Martin v. DOT, Bureau of Driver LicensingSupreme Court of Pennsylvania · 2006
  3. Commonwealth v. HilliarSuperior Court of Pennsylvania · 2008
  4. Commonwealth v. ChernoskySuperior Court of Pennsylvania · 2005
  5. Commonwealth v. HenrySuperior Court of Pennsylvania · 2008

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