Commonwealth v. Emeigh

OPINION BY

DEL SOLE, P.J.E.:

¶ 1 The Commonwealth appeals an order granting Appellee’s motion to suppress and the sua sponte dismissal of charges brought against him. We reverse and remand for further proceedings.

¶ 2 Appellee was charged with driving under the influence of alcohol and possession of drug paraphernalia. Appellee filed a motion to suppress, following which a hearing was held. The suppression court granted Appellee’s motion and dismissed the charges, determining that the arresting officer did not have sufficient probable cause to stop Appellee’s vehicle.

¶ 3 In April, 2005, off-duty…