Commonwealth v. Garibay

DISSENTING OPINION BY

OTT, J.:

Because I believe the testimony presented at the suppression hearing supports the trial court’s denial of Garibay’s motion to suppress evidence and the trial court’s conclusions are free from legal error, I respectfully dissent.

In considering Garibay’s motion to suppress evidence, the trial court was required to determine whether the seatbelt checkpoint established by the Pittsburgh Police Department substantially complied with the Tarbert/Blouse guidelines, established under Commonwealth v. Tarbert, 517 Pa. 277, 535 A.2d 1035 (1987) and Commonwealth v. Blouse,…