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COM. v. SCAVELLO

557 Pa. 429 (1999)

734 A.2d 386

COMMONWEALTH of Pennsylvania, Appellant, v. Joseph Damien SCAVELLO, Appellee.

Supreme Court of Pennsylvania.

Decided July 2, 1999.

Attorney(s) appearing for the Case

Michael D. Marino, Dist. Atty., Patricia E. Coonahan, Asst. Dist. Atty., Mary MacNeil Killinger, Executive Asst. Dist. Atty., Bruce L. Castor, Jr., First Asst. Dist. Atty., for Com.

Arthur Gutkin, Conshohocken, for Joseph Scavello.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN, and SAYLOR, JJ.

OPINION OF THE COURT

FLAHERTY, Chief Justice.

When police are conducting a roadblock, may they stop and detain a driver simply because he has turned to avoid passing through the roadblock?

On November 23, 1993 police set up a roadblock in Montgomery County, Pennsylvania as part of a program to interdict drunk drivers. One police car was designated to stop any car which turned away from the roadblock. Appellant, who was driving toward the roadblock...

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