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Commonwealth v. Shaffer4/20/1998
turns upon concepts of jurisdiction and sovereignty. There seems to be no question that Pennsylvania police officers are without inherent jurisdiction to make an arrest in New York State. See, generally, Pennoyer v. Neff, 95 U.S. 714, 24 L.Ed. 565 (1878), Opinion in Support of Reversal, Commonwealth v. Stair, 548 Pa. 596, 699 A.2d 1250 (1997), Commonwealth v. England, 474 Pa. 1, 375 A.2d 1292 (1977), and 5 Am. Jur. 2d §§ 69-72. Thus, the jurisdiction or authority of Trooper Cannon to make an arrest in New York State, if any, is gained only through the grace of New York State. That grace, in this instance, is found in the New York version of the reciprocal or uniform Act on close pursuit. There also seems to be no dispute that the New York Close Pursuit Act was violated. Under the terms of the Act, an individual arrested in New York by an out-of-state-police officer after being closely pursued into New York must be taken before a local criminal court which shall conduct a hearing to determine if the arrest was in compliance with the Act. Since Trooper Cannon did not take appellee in front of a local criminal court to determine if the arrest complied with the Act, the arrest violated New York's Close Pursuit Act and was therefore unlawful. The more significant question is what is the appropriate remedy for appellee's "unlawful" arrest.
The Commonwealth argues that since the New York Close Pursuit Act governs the legality of the arrest, then New York caselaw should be applied as to determining the appropriate remedy for the violation. Since the Commonwealth is putting forth this argument it is not surprising that New York courts have at least twice refused to suppress evidence where close pursuit statutes were seemingly violated. We cannot agree. Although it is quite proper to defer to New York law to determine whether or not the New York Statute has been complied with, there is no reason to refer or defer to New York law to determine policy matters relating to proper remedy for an unlawful arrest of a Pennsylvania resident by a Pennsylvania police officer for crimes committed in Pennsylvania. It is really a matter of sovereignty. Pennsylvania courts and Pennsylvania law must govern the rights of a Pennsylvania resident arrested by Pennsylvania police officers for crimes committed in Pennsylvania, even if the arrest is effectuated in New York State, not New York courts or New York law. We do not want or need New York law governing the rights of our citizens, or those committing affronts to our citizenry, any more than New York wants or needs our law governing their citizenry or affronts to their citizenry. As a matter of accountability, sovereignty and simplicity, it is for Pennsylvania to dictate how its police officers are to carry out their duties and the consequences for violating such dictates. The remedy for an illegal arrest in Pennsylvania is suppression of the fruits of the illegal arrest. See, Commonwealth v. Price, 543 Pa. 403, 672 A.2d 280 (1996), and Commonwealth v. Brandt, 456 Pa. Super. 717, 691 A.2d 934 (1997). Although New York State may be willing to excuse "good faith" violations of police illegality, Pennsylvania has not yet embarked upon that potentially "slippery slope." To reiterate, Pennsylvania courts must be empowered to implement the remedy of suppression for illegal arrests by its police officers, even if the arrest occurs outside Pennsylvania's borders after a "hot pursuit," if they are to maintain the accountability they have up till now demanded of police officers. Consequently, the trial court below properly suppressed the fruits of the unlawful arrest of appellee.
Order affirmed.
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