Commonwealth v. Kiner

POPOVICH, Judge.

This is an appeal from the judgment of sentence entered in the Court of Common Pleas of Perry County following appellant’s conviction on the charge of driving while under the influence of alcohol (DUI).1 Herein, appellant’s sole contention is that the trial court erred in failing to suppress the evidence seized incident to his arrest. Specifically, he alleges that he was arrested unlawfully by William Gephart, an off-duty Pennsylvania State Police Trooper who was not in uniform when he arrested appellant. The lower court determined that appellant was not arrested by Trooper…