Commonwealth v. O'Brien

SNYDER, P.J.,

This case is presently before the court on defendant’s motion to suppress.

ISSUE

The issue in this case is whether the warrantless arrest of a non-resident defendant is invalid where the arresting officer is not in uniform at the time of the arrest. If the arrest is invalid the evidence obtained by virtue of the defendant’s unlawful arrest is, of course, inadmissible.

FACTS

On June 6, 1990, at 2:45 a.m., Officer Serafini of the Reynoldsville Borough Police Department received a call to investigate a single-vehicle accident. Responding to the call Officer Serafini, who was off duty…