Commonwealth v. Henderson

KELLY, Judge:

In this appeal we must determine whether the police may stop motor vehicles solely because their drivers and/or front-seat passengers over the age of four are not using seat belts. After careful consideration, we hold that the police lack the authority to stop motor vehicles under such circumstances. Thus, we affirm the suppression court’s February 1, 1994 order which suppressed all evidence accumulated against appellees, Andrew Henderson, Robert Kennedy, and Andre London, pursuant to East Fallowfield Township Police Chief Peter John Mango’s stop of the Ford LTD occupied by…