Commonwealth v. Merchant

BROSKY, Judge:

This is an appeal from judgment of sentence imposed upon appellant after his conviction for driving under the influence.

Appellant was arrested in Aspinwall Borough by a police officer of a neighboring municipality, Etna, who drove through Aspinwall on a “routine patrol.” Appellant raises one issue for our resolution: whether the trial court erred in not granting appellant’s motion to suppress due to the stop and arrest being in violation of 42 Pa.C.S.A. § 8953. Upon consideration of all arguments, we vacate the judgment of sentence, grant appellant’s motion for suppression and…