Commonwealth v. Lovette , 498 Pa. 665 ( 1982 )


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  • ROBERTS, Justice,

    concurring.

    I agree that the seizure of appellant and the admission into evidence of the fruits of that unlawful arrest constitute a manifest violation of appellant’s Fourth Amendment rights. Indeed, the Commonwealth concedes that appellant was seized without probable cause.

    Where, as here, the police restrain a person’s freedom of action beyond the period of time required to effectuate a Terry stop and without probable cause to arrest, it is of no constitutional significance whether that restraint is accomplished by detaining the person where he is initially encountered or by transporting the person to another location. In both circumstances, there is an unlawful arrest, a violation of the Fourth Amendment. Dunaway v. New York, 442 U.S. 200, 206-16, 99 S.Ct. 2248, 2253-58 (1979).

    FLAHERTY, J., joins in this concurring opinion.

Document Info

Docket Number: 497

Citation Numbers: 450 A.2d 975, 498 Pa. 665

Judges: Flaherty, Hutchinson, Larsen, McDERMOTT, Nix, O'Brien, Roberts

Filed Date: 10/5/1982

Precedential Status: Precedential

Modified Date: 8/27/2023