Commonwealth v. Bienstock

BECK, Judge.

The issues before us on appeal are: 1) whether an agent of the Pennsylvania State Police Bureau of Liquor Control Enforcement had authority to stop a motorist when he observed the motorist driving his car erratically, and 2) if the stop was made without authority, whether the court erred in suppressing the evidence. We conclude the agent of the Bureau of Liquor Control Enforcement did not have authority to stop the motorist and suppression of the evidence was proper. The Commonwealth appeals. 1

In reviewing an appeal taken by the Commonwealth from an order suppressing evidence, we…