Monday, November 29, 2010

COMMONWEALTH OF PENNSYLVANIA v. DANIEL PATRICK CAULEY

COMMONWEALTH OF PENNSYLVANIA v. DANIEL PATRICK CAULEY
No. 270 WDA 2010 2010 PA Super 217 Atlantic: n/a Filed: 11/29/2010

Appeal from the Judgment of Sentence entered January 26, 2010
In the Court of Common Pleas of Westmoreland County
Criminal No(s).: CP-65-CR-0000856-2009; CR-0000014-09
Before: BOWES, ALLEN, and FITZGERALD, JJ.
Opinion by: FITZGERALD, J.
Appellant, Daniel Patrick Cauley, appeals from the judgment of sentence entered in the Westmoreland County Court of Common Pleas, following his conviction for driving under the influence, highest rate of alcohol. Appellant contends on appeal that the police did not have reasonable suspicion to conduct field sobriety tests. We hold that police officers may conduct sobriety tests after a citizen effectuates an encounter when the officer observes evidence of alcohol intoxication as a result of the encounter, and the officer observed the citizen driving a vehicle immediately prior to the encounter. Accordingly, we affirm.
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