Commonwealth v. Troutman

• Decision Date: 27 March 1973
• Citation: 302 A.2d 430,223 Pa.Super. 509
• Parties: COMMONWEALTH of Pennsylvania, Appellant, v. Vernon Clair TROUTMAN.
• Court: Pennsylvania Superior Court

302 A.2d 430

223 Pa.Super. 509

COMMONWEALTH of Pennsylvania, Appellant, v. Vernon Clair TROUTMAN.

Superior Court of Pennsylvania.

March 27, 1973.

Robert W. Duggan, Dist. Atty., Carol Mary Los Asst. Dist. Atty., Robert L. Eberhardt, Pittsburgh, for appellee.

Max U. Applebaum, Pittsburgh, for appellee.

Before WRIGHT, President Judge, and JACOBS, HOFFMAN, SPAULDING CERCONE and PACKEL, JJ.

HOFFMAN Judge:

The Commonwealth appeals contending that the lower court erred in dismissing and quashing the information lodged against the appellee. The lower court's decision to dismiss the information was based upon the fact that the appellee had been illegally arrested prior to the filing of the information.

On April 25 1971, two Penn Hills Township police officers observed the appellee's motor vehicle weaving across Allegheny River Boulevard which is located in Penn Hills Township. As the officers pursued the appellee in an effort to bring his autombile to a halt, they sounded their siren and flashed their blinking red lights. The officers, however, did not stop the appellee until his car had passed into the Borough of Verona. The Penn Hills Township officers then proceeded to arrest the appellee.

The Commonwealth raised two contentions: 1) Penn Hills Township police officers in hot pursuit of a misdemeanant may follow him into Verona in order to make an arrest, and 2) Regardless of whether or not the officers were empowered to exercise their authority in Verona, the officers could have always made a citizens' arrest.

The state legislature has authorized Township police officers to arrest a felon outside of their own township where the arrest is made as part of the hot pursuit which follows the commission of a felony. August 6, 1963, P.L. 511, No. 267, § 1 (19 P.S. § 11). While police officers may also make a warrantless arrest for a misdemeanor where they have probable cause to believe that such an offense is being committed in their presence Commonwealth v. Reeves, 223 Pa.Super 51, 297 A.2d 142 (1972), the legislature has not extended the authority to township police officers to cross township lines in order to make an arrest in hot pursuit of a misdemeanant. Under the present state of the law, police officers in hot pursuit of a misdemeanant must radio across township lines for assitance rather than proceed into a neighboring township to make an arrest. Until the legislature grants such power to township police officers, this court cannot permit local law enforcement officials...