Commonwealth v. Rachau

FRIEDMAN, Judge.

The Commonwealth of Pennsylvania (Commonwealth) appeals from: (1) an order of the Court of Common Pleas of Northumberland County (trial court), dated May 13, 1994, granting Steven George Rachau’s (Defendant) Petition for Writ of Habeas Corpus and dismissing all charges against him; and (2) an order of the trial court, dated June 1, 1994, denying the Commonwealth’s Motion for Reconsideration.

On September 5, 1993, while patrolling an area on the Susquehanna River known as “Lake Augusta,”1 several officers of the Pennsylvania Fish and Boat Commission (PFBC) observed Defendant…