Commonwealth v. Hendricks

OPINION BY

HUDOCK, J.:

¶ 1 The Commonwealth appeals from the order granting Appellee’s motion for a writ of habeas corpus. We reverse and remand.

¶ 2 The trial court stated the factual and procedural history as follows:

[Appellee] was arrested and charged with driving under the influence, [Possession] of Small Amount and Paraphernalia, and Rear Lighting. He filed an *290Omnibus Motion in the nature of a Petition for Writ of Habeas Corpus and Motion to Suppress. A hearing was held on October 24, 2006 and the matter is now ready for disposition.

The police testified that he followed [Appellee’s] vehicle…