Commonwealth v. Garibay

OPINION BY

JENKINS, J.:

Cipriano Garibay (“Appellant”) appeals from the judgment of sentence entered in the Allegheny County Court of Common Pleas following his conviction for Driving Under the Influence of a Controlled Substance (marijuana)1 (“DUI”), and challenges the ruling denying his motion to suppress. After careful review, we reverse.

We first summarize the pertinent factual and procedural history. On November 19, 2009, police in the City of Pittsburgh set up a checkpoint in conjunction with the Pennsylvania Department of Transportation’s Click It or Ticket program designed to ensure…