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McKinley v. Commonwealth12/18/2003
offense the officer continues in fresh pursuit of the person after the commission of the offense.
The majority fears that affirming the Commonwealth Court "would confer on limited jurisdiction officers statewide authority to stop automobiles and detain drivers for Vehicle Code violations." Given the facts before this Court, this is an exaggerated concern. The view that I express in favoring sustaining an extraterritorial arrest calls for no such result and is limited by the following facts: (1) the airport police officer must be on duty at the airport; (2) he must witness the violation committed on airport premises; (3) he must begin pursuit while inside the boundary of airport property; and (4) the arrest off the property must be contemporaneous with the prior steps.
The result of the majority's Opinion, I fear, will be to tie the hands of these police officers in performing their critical jobs. Clearly, the General Assembly did not intend this absurd result in the Implied Consent Law or in the description of the wide range of powers assigned to HIA officers. In this day of heightened security concerns, particularly with respect to air travel, we can ill-afford to set this precedent, which tells an airport police officer that he must withdraw from pursuing a wrongdoer who is clever enough, or just happens to exit the airport premises while being pursued by the police.
Mr. Justice Castille joins this dissenting opinion.
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