Commonwealth v. Molino

I respectfully dissent. I agree with the majority that the forced extraction of blood from appellee was a clear violation of the provisions of Pennsylvania’s Implied Consent Law, 75 Pa.C.S.A. § 1547 (1984) (ICL). However, unlike the majority, I find that the police conduct was undertaken in bad faith and intentionally violated the ICL. Where the police undertake conduct in bad faith and deliberately disregard an individual’s exercise of a statutory right, I conclude the law supports the suppression of the illegally obtained evidence. I would therefore affirm the suppression court’s order…