Commonwealth v. Duncan

opinion announcing the judgment OF THE COURT

PAPADAKOS, Justice.

This is an interlocutory appeal1 by the Commonwealth of Pennsylvania (Appellant) challenging Superior Court’s Order of July 5, 1985, affirming the pre-trial suppression order of the Court of Common Pleas of Delaware County which granted Appellee’s motion to suppress his inculpatory statement on grounds the “six hour rule” enunciated in Commonwealth v. Davenport, 471 Pa. 278, 370 A.2d 301 (1977),2 had been violated. The suppression court concluded that Appellee was under arrest at the time he “blurted out” the inculpatory statement…