Commonwealth v. Almodovar

PLATT, RJ,

Presently before the court is the defendant’s omnibus pretrial motion consisting of a motion to suppress. For the reasons stated below, the defendant’s motion must be granted.

I. SUMMARY OF FACTS

On August 27, 2003, at approximately 11:21 p.m., Officer Timothy Yarush of the Emmaus Police Department was on patrol in a marked police cruiser. Officer Yarush was driving at the time, following behind a black Cadillac, from State Avenue to Main Street in Emmaus. The defendant, Juan Almodovar, was the driver of the Cadillac. Officer Yarush followed the Cadillac for ap*396proximately 5 or 6…