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Commonwealth of Pennsylvania v. John M. Marconi

IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT


February 25, 2011

COMMONWEALTH OF PENNSYLVANIA, PETITIONER
v.
JOHN M. MARCONI, RESPONDENT

Order of the Superior Court Petition for Allowance of Appeal from the

Per curiam.

ORDER

AND NOW, this 25th day of February 2011, the Petition for Allowance of Appeal is GRANTED. The issue, as stated by the Petitioner, is:

Whether Superior Court erred in ruling that sheriffs and their deputies lack authority to operate DUI checkpoints, and that [R]espondent's arrest in that setting was therefore illegal, because that ruling conflicts with this Court's unanimous decision in [Kline, 741 A.2d 1282], upholding an arrest for DUI made by a deputy sheriff participating in a sheriff-run checkpoint, which was neither overturned nor modified by the Court's subsequent decisions in [Kopko, 892 A.2d 766] and [Dobbins, 934 A.2d 1170].

20110225

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