Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

COMMONWEALTH PENNSYLVANIA v. MARLIN EBERSOLE (01/21/85)

submitted: January 21, 1985.

COMMONWEALTH OF PENNSYLVANIA
v.
MARLIN EBERSOLE, APPELLANT



No. 00119 Hsbg., 1984, Appeal from the Judgment of Sentence of February 15, 1984, in the Court of Common Pleas of Dauphin County, Criminal Division, at No. 2524, 2524(A), 2524(B), C.D. 1982.

COUNSEL

Joseph J. Huss, Harrisburg, for appellant.

Katherene E. Holtzinger-Conner, Deputy Dist. Atty., Harrisburg, for Commonwealth, appellee.

Popovich, Watkins and Lipez, JJ. Lipez, J., concurs in the result.

Author: Watkins

[ 342 Pa. Super. Page 152]

This is an appeal from a judgment of sentence entered on February 15, 1984, by the Honorable William W. Lipsett of the Dauphin County Court of Common Pleas. The first issue raised by the appellant concerns whether his arrest was in violation of the Municipal Police Jurisdiction Act, 42 Pa.C.S.A. ยง 8951, et seq. Our disposition of that issue is determinative of the second issue, which is whether the lower court erred in refusing to suppress inculpatory statements made by the appellant following his arrest.

On November 26, 1982, Officer David Teel of the Harrisburg Police Department went to the Cumberland County Prison located in the Borough of Carlisle. His purpose in going to Carlisle was to serve an arrest warrant upon the appellant, who was being held in the Cumberland County facility in lieu of bail on charges lodged against him in that county. The arrest warrant which Officer Teel had in his possession had been issued by Dauphin County District Justice Joseph Pinamonti, and it resulted from an alleged

[ 342 Pa. Super. Page 153]

    misdemeanor theft by receiving stolen property offense committed in Harrisburg, Dauphin County.

Upon his arrival at the Cumberland County Prison, Officer Teel spoke to Sergeant John Short, who was the shift supervisor on duty. Officer Teel showed him the warrant for the appellant's arrest. No attempt was made by either Teel or Short to contact the local police department or any of Short's supervisors at the prison in connection with Officer Teel's request for the appellant. Nevertheless, Short consented to surrender the appellant to Officer Teel.

Officer Teel transported the appellant to a Cumberland County District Justice for the purpose of a bail hearing. He then transported the appellant to the office of District Justice Joseph Pinamonti, who was the issuing authority with respect to the arrest warrant in question. The District Justice preliminarily arraigned the appellant in connection with the receiving stolen property charge.

Following the preliminary arraignment, Officer Teel transported the appellant to the Harrisburg Police Department where he was interrogated. During the course of the interrogation, and following his execution of a written waiver of his Miranda Rights, the appellant admitted his involvement in an incident which was unrelated to that for which he had been arrested. This second incident involved the "mugging" of a woman in Harrisburg. Based upon the appellant's statements, Officer Teel procured warrants charging him with robbery, indecent assault, and theft by unlawful taking.

The first issue raised by the appellant and preserved for review by this Court is whether his arrest was unlawful due to Officer Teel's failure to comply with the requirements of the Municipal Police Jurisdiction Act when he served the arrest warrant upon the appellant in the Cumberland County Prison. The appellant's challenge ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.