Commonwealth v. Herjeczki

LYON, J.,

— Defendant was indicted for driving while under the influence of intoxicating liquor and he now seeks to suppress the evidence which was gathered by the police after his arrest. There are no factual issues since the case was submitted upon stipulations of counsel. However, the stipulated facts raise a multitude of issues. Many do not involve constitutional questions which are the only proper subject of a pretrial motion to suppress under Pa. R. Crim. P. 323. However, the parties jointly requested a decision on each issue raised by the stipulations because of existing confusion…