X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
� 1 Shawn Lockridge appeals from the October 11, 2000, ninety (90) day judgment of sentence imposed after he was found guilty, following a de novo hearing, of the summary offense of driving while his license was suspended. *fn1 The facts, which provide the basis of this appeal, follow.

� 2 On May 10, 2000, Mindy Davis Musser, the Juniata County probation officer assigned to appellant following an unrelated conviction, observed appellant operating a motor vehicle, in violation of the terms of his probation (N.T., 9/8/00, at 5). Musser reported this violation to Chief Deputy Shane Corwell of the Juniata County Sheriff’s Department, and Deputy Corwell issued a traffic citation charging appellant with driving while his license was suspended, DUI-related. Judgment of sentence was initially entered on July 11, 2000, an appeal was taken, and following a September 8, 2000, summary appeal hearing, the court granted counsel ten (10) days within which to submit briefs. On October 11, 2000, the court entered judgment of sentence, re-imposing the aforementioned 90-day term of incarceration and assessing a one thousand dollar ($1,000.00) fine. This appeal followed.

� 3 Appellant argues Deputy Corwell was unauthorized to issue the Motor Vehicle Code citation because the deputy did not observe him driving his vehicle, and the traffic violation in question was not a “breach of the peace,” as contemplated by our Supreme Court in Commonwealth v. Leet, 537 Pa. 89, 641 A.2d 299 (1994). Appellant interprets Leet as follows: for a deputy sheriff to make a valid arrest in connection with the Motor Vehicle Code, the “deputy sheriff must (1) complete the same type of training that is required of police officers throughout the Commonwealth, (2) make an arrest under the Motor Vehicle Code only for violations committed in his presence, and (3) those violations must be breaches of the peace.” (Appellant’s brief at 8.) Appellant concedes Deputy Corwell was a trained officer, but argues the latter two prongs of the tri-part test were not satisfied. We find appellant’s arguments unconvincing and his interpretation of the Leet decision faulty.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

Dispute Resolution Forum 2021

June 16, 2021
Virtual

Legal professionals from In-House, Private Practice and the Bar work together to overcome challenges facing dispute resolution.


Register

GlobeSt. NET LEASE Spring 2021

June 16, 2021 - June 17, 2021
New York City, NY

This conference brings together the industry's most influential & knowledgeable real estate executives from the net lease sector.


Register

Pennsylvania Legal Awards 2021

June 24, 2021
Virtual

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania with their dedication to law.


Register

ATTORNEY- SAN FRANCISCO-CALIFORNIA

San Francisco, California, United States

Bartko Zankel Bunzel & Miller is seeking an attorney with at least three years of experience in labor and employment law to join its diverse...


Apply Now ›

ATTORNEY - LOS ANGELES- CALIFORNIA

Los Angeles, California, United States

Bartko Zankel Bunzel & Miller is seeking an attorney with at least seven years of experience in labor and employment law to join its diverse...


Apply Now ›

ATTORNEY

Hartford, Connecticut, United States

New York insurance defense firm with offices in Pennsylvania, New Jersey, New York City, and Western New York, is growing its Stamford/Hartf...


Apply Now ›

MANDELBAUM SALSBURG PC

06/07/2021
NJLJ Web

Please to announce that....


View Announcement ›

BENNETT , TINA

05/27/2021
TLI Web

Bennett, Tina mourns the loss of Elizabeth (Libby) Bennett, Esq.


View Announcement ›

BLOCK O'TOOLE & MURPHY

05/25/2021
NYLJ Web

BLOCK O'TOOLE & MURPHY is pleased to announce the addition of three new associate attorneys to our team.


View Announcement ›