Tuesday, January 22, 2008

Superior Court - 1/22/08 - COMMONWEALTH OF PENNSYLVANIA v. VINCENT DEMOR

COMMONWEALTH OF PENNSYLVANIA v. VINCENT DEMOR
No. 1118 WDA 2006 2008 PA Super 11 Atlantic: n/a Petition for Reargument Filed 1/22/2008 Filed: 1/7/2008
Appeal from the Order entered May 31, 2006 In the Court of Common Pleas of Allegheny County Criminal No. CC200512184
Before: JOYCE, BENDER and KELLY, JJ.
Opinion by: KELLY, J.
Concurring Opinion Opinion by: BENDER, J.
In this Commonwealth appeal from the order granting the suppression motion of Appellee, Vincent Demor, the Court is presented with the question of whether an off-duty paramedic acts as an agent or instrument of the state in detaining a suspected drunk driver. Because we find that he does not, we reverse and remand.

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