| COMMONWEALTH OF PENNSYLVANIA v. RODERICK FRANCIS BAILEY No. 1788 WDA 2007 2009 PA Super 230 Atlantic: n/a Filed: 12/1/2009 | |
| Appeal from the Judgment of Sentence of September 18, 2007 in the Court of Common Pleas of Allegheny County, Criminal Division, No. CP-02-CR-0002377-2006 | |
| Before: KLEIN, J., McEWEN, P.J.E., and HUDOCK, J. | |
| Opinion by: KLEIN, J. | |
| Concurring Statement by: McEWEN, P.J.E. | |
| Roderick Francis Bailey appeals from the judgment of sentence imposed on his convictions of various weapons charges. The trial judge, the Honorable Anthony M. Mariani, found that the consent to search was not voluntary. However, he further found that the car would have been towed and an inventory search conducted and therefore discovery of the gun in the car was inevitable. We agree and affirm. It is true that the car was not in a spot causing a hazard or blocking traffic and it was not proper to tow and inventory the car under traditional common law principles. However, the statute has a separate section allowing towing and inventory when a person is arrested and is being taken to an “issuing authority.” Since there is another section dealing with towing when the vehicle is creating a hazard, the legislative intent should be interpreted to allowing towing after an arrest even if there is no hazard. | |
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