Commonwealth v. Brown

Opinion by

Watkins, J.,

This is an appeal by the Commonwealth of Pennsylvania from an order of the Court of Common Pleas of Bucks County suppressing the results of a blood test. The defendant, David R. Brown, was indicted for operating a motor vehicle under the influence of intoxicating liquor and for involuntary manslaughter resulting from an accident.

The question, on appeal, is whether the blood test was administered incident to a lawful arrest and whether it was consented to by the defendant.

The facts are as follows: On November 15, 1970, at about 2:30 a.m., two successive accidents occurred…