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COMMONWEALTH PENNSYLVANIA v. JEFFREY SAUL (06/21/85)

submitted: June 21, 1985.

COMMONWEALTH OF PENNSYLVANIA
v.
JEFFREY SAUL, APPELLANT



Appeal from the Judgment of Sentence of July 18, 1984 in the Court of Common Pleas of Dauphin County, Criminal Division, No. 2243 CD 1983.

COUNSEL

Susan C. DeYoung, Assistant Public Defender, Camp Hill, for appellant.

Katherene E. Holtzinger-Conner, Deputy District Attorney, Harrisburg, for Commonwealth, appellee.

Cavanaugh, Cercone and Lipez, JJ.

Author: Cercone

[ 346 Pa. Super. Page 157]

This is an appeal from judgment of sentence rendered by the Court of Common Pleas, Dauphin County. Appellant was found guilty of unlawful delivery of a controlled substance and sentenced to serve three to twenty-three months incarceration. He is presently free on bail.

On April 6, 1983, Detective David Teel of the Harrisburg Police Department, along with a confidential informant, purchased a controlled substance from appellant's residence in Susquehanna Township, Dauphin County. At the time of the controlled buy, Teel was working as a member of the Harrisburg Police Department in Dauphin County and

[ 346 Pa. Super. Page 158]

    knowingly went beyond the geographical bounds of the City of Harrisburg for the express purpose of conducting an investigation of drug activity involving a residence in Susquehanna Township. There is no evidence in the record that Teel had been requested to participate in such activity by the Susquehanna Township police nor is there evidence of any agreement of cooperation between the officials of Harrisburg and Susquehanna Township.

Detective Teel secured the issuance of a criminal complaint in Dauphin County charging appellant with one count of unlawful delivery of a controlled substance. Prior to trial, the lower court quashed the complaint on the grounds that Teel could not be an affiant in a criminal complaint on a matter which arose outside his jurisdiction. The charges were refiled by the Dauphin County District Attorney's Office. Appellant waived his right to a preliminary hearing and was formally arraigned.

A motion to suppress the evidence seized was filed by appellant. This motion raised the same issues raised in the earlier motion to quash. After a hearing on the motion, the court issued an order which denied appellant's motion. Appellant was convicted and sentenced. This appeal followed.

Appellant raises two issues on appeal. The first is whether Detective Teel had illegally conducted a police investigation outside his geographical jurisdiction without statutory authority. The second related issue is whether a motion to suppress is the proper method by which to attack an illegal investigation and its consequential production of evidence. These are questions of first impression in this Commonwealth.

The statutory limitation on a police officer acting beyond his geographical area is found in the Municipal Police Jurisdiction Act, 42 Pa.C.S.A. ยง 8951 et seq., ...


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