 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Commonwealth v. Raab3/15/2004
y compelling necessity." McCloud, 322 at 657. The Court noted that "the medical examiner's temporary absence from his official duties to attend a convention [does not constitute] a sufficiently compelling necessity."
11 Presently, Officer Hanusey was killed during the line of duty one month after he stopped Appellant's vehicle. Admitting into evidence his affidavit of probable cause was the only method by which the Commonwealth could establish probable cause. Again, the information regarding the distance over which he followed Appellant and the speed at which he clocked Appellant was not used to establish the elements of the crimes of which Appellant is accused. Thus, it is difficult to imagine a more compelling reason to admit the hearsay records in contravention of Appellant's right to confront the witness.
12 As to the admissibility of the remainder of the affidavit of probable cause, I pass no judgment as it is unnecessary for purposes of determining whether the trial court erred in finding that Officer Hanusey had probable cause to stop Appellant's vehicle. Accordingly, I would find that he trial court did not err in admitting the evidence and in denying Appellant's motion to suppress and I would affirm that order. Therefore, I respectfully dissent.
Page 1 2 3 4 5 6 7 8 Pennsylvania DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|