Appeal from the Judgment of Sentence of May 14, 1986 in the Court of Common Pleas of Dauphin County, Criminal Division, at No. 1503, 1508 CD 1985.
James R. Rosato, Jr., Assistant Public Defender, Harrisburg, for appellant.
Yvonne A. Okonieski, Deputy District Attorney, Harrisburg, for Commonwealth, appellee.
Watkins, Hoffman and Hester, JJ.
[ 357 Pa. Super. Page 271]
This is an appeal from the judgment of sentence for robbery, conspiracy, and escape. Appellant contends that the trial court erred in (1) denying his pre-trial motion to suppress evidence seized as the result of an illegal arrest, and (2) denying his motion to sever trial of the escape charge from trial of the charges of robbery and conspiracy. We disagree and, for the following reasons, affirm.
The lower court stated the facts as follows:
On June 7, 1985, at approximately 3:15 A.M., a Turkey Hill Minit Market located in Hummelstown, Pennsylvania was robbed at gunpoint by two black males. A few minutes after this incident, Roger Olinger observed a white, mid-1970's model Dodge or Plymouth with heavy body damage parked in the right hand berm of the road facing oncoming traffic. Mr. Olinger stopped at the Turkey Hill store and discovered that the store had been robbed. Officer Scott Dimmick of the Hummelstown Borough Police was called to the scene. Mr. Olinger gave the officer a description of the car that he noticed on the way to the market and Officer Dimmick relayed the description of the car and the suspects over the police radio.
Officer Kenneth Beard of the Swatera Township Police Department heard the description of the suspect vehicle and later observed what he believed to be the suspect vehicle travelling west on Route 322 in Swatara [sic] Township. He informed Officer Dimmick that he was following the suspect vehicle and asked for assistance . . . . When Officer Beard noticed another police car, he activated his emergency lights and siren. As the suspect vehicle came to a stop, both occupants exited and
[ 357 Pa. Super. Page 272]
started to run away. Officers Simmons and Zimmerman apprehended the defendant who was immediately placed under arrest.
Lower Court Opinion at 1-2. Appellant was arrested in Harrisburg. Id. at 4.
Appellant first contends that the lower court erred in denying his motion to suppress evidence seized as the result of an unlawful arrest because the arresting officer arrested him outside of his primary jurisdiction. We disagree. The Municipal Police ...