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COMMONWEALTH PENNSYLVANIA v. JOSE A. RAMOS (06/02/87)

submitted: June 2, 1987.

COMMONWEALTH OF PENNSYLVANIA, APPELLANT,
v.
JOSE A. RAMOS, APPELLEE



Appeal from the Order of the Court of Common Pleas, Criminal Division, of Warren County, No. 225 of 1986, OTN B-571977-O.

COUNSEL

Richard A. Hernan, Jr., District Attorney, Warren, for Com., appellant.

Thomas J. Bonavita, Assistant Public Defender, Warren, for appellee.

Del Sole, Popovich and Montgomery, JJ.

Author: Per Curiam

[ 367 Pa. Super. Page 85]

This Commonwealth appeal follows a pretrial order granting appellee's motion to suppress.*fn1 The order suppressed

[ 367 Pa. Super. Page 86]

    all statements made by appellee on June 26, 1986, to a Children and Youth Services (CYS) caseworker while he was incarcerated at the Warren County Prison. For the reasons which follow, we affirm.

On June 23, 1986, Trooper Daniel Portzer, of the Pennsylvania State Police, filed a criminal complaint against appellee charging him with involuntary deviate sexual intercourse,*fn2 statutory rape,*fn3 and indecent assault.*fn4 These charges resulted from sexual contact between appellee and a minor child.

That same day, in connection with a statewide broadcast concerning these charges, appellee was stopped by another state trooper in Clarion County. After receiving information that appellee was being held at the Clarion County jail, Trooper Portzer secured a warrant for his arrest. Upon arriving at the Clarion County jail, Trooper Portzer read both the criminal complaint and the arrest warrant to appellee. He also informed him of his Constitutional rights, as required by Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).*fn5

Appellee was then taken before a district magistrate in Clarion County, who advised appellee of his rights, of the charges against him, and of his right to bail. Because appellee was unable to post the required bail, he was returned to Warren County, where the crimes were alleged to have occurred.

After arriving in Warren County, appellee was taken directly to the office of District ...


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