Commonwealth v. Gilliland

LYON, J.,

the court for determination is defendant’s motion to suppress the results of a chemical test of his breath. State Police officers purportedly gave the test as authorized by the Act of December 22, 1969 (act no. 173), 75 PS §624.1, to determine the alcohol content of his blood. The motion to suppress is bottomed wholly upon the proposition that defendant’s arrest was illegal. Both the test and the test result are conceded to be the fruit of his arrest.

State Police Officer Max Roseck did not have an arrest warrant when he arrested defendant for the misdemeanor of operating a motor…