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13 A.3d 1291

Commonwealth v. Marconi

Supreme Court of Pennsylvania

Decided February 25, 2011

Supreme Court of Pennsylvania · decided 2011-02-25

Relies on Kopko v. Miller · COM., DEPT. OF TRANSP. v. Kline · Commonwealth v. Dobbins

Decided 2011-02-25

¶1 ORDER

PER CURIAM.

¶2 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 [RJespondent’s arrest in that setting was therefore illegal, because that ruling conflicts with this Court’s unanimous decision in [Commonwealth, Dept. of Transp., Bureau of Driver Licensing v. Kline, 741 A.2d 1281, 1282 (1999) ], 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 v. Miller, 586 Pa. 170, 892 A.2d 766 (2006) ] and [Commonwealth v. Dobbins, 594 Pa. 71, 934 A.2d 1170 (2007) ].
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