Commonwealth v. Perez

¶ 11 respectfully dissent from my distinguished colleagues’ Majority Opinion because I conclude that the trial court erred in denying John Perez’s motion to suppress his statement. Currently, the six-hour rule enunciated in Commonwealth v. Davenport, 471 Pa. 278, 370 A.2d 301 (1977), and refined in Commonwealth v. Duncan, 514 Pa. 395, 525 A.2d 1177 (1987), requires the suppression of a statement made by a defendant after arrest and prior to arraignment if the statement is given after the elapse of six hours following arrest. See Commonwealth v. Odrick, 410 Pa.Super. 245, 599 A.2d 974 (1991).…