Commonwealth v. Marconi

OPINION

Justice SAYLOR.*

Appeal was allowed to consider whether sheriffs and their deputies have the authority independently to establish and conduct suspicionless roadside sobriety checkpoints.

I. Background

Section 6308(b) of the Vehicle Code, 75 Pa.C.S. § 6308(b), prescribes that a “police officer” engaged in a systematic program of checking vehicles or drivers may stop vehicles to secure information to enforce *1037the provisions of the title. Such provisions include the prohibition against driving under the influence of alcohol or controlled substances (“DUI”). See 75 Pa.C.S. § 3802.

In September…