Commonwealth v. Smith

THOMAS, J.,

Defendant is charged with driving while under the influence of intoxicating liquor and has moved to suppress evidence of intoxication for the following reason set forth in his application:

“7. Defendant avers that his arrest without a warrant for a misdemeanor not committed in the view or presence of the arresting officer was invalid and illegal.”

Under the admitted facts of the case, it would be necessary to grant defendant’s motion1 except for section 2 of Act 177 of 1974, approved July20,1974, which amended sub-section 2(a) of section 1204 of The Vehicle Code and provides, inter…