Martin v. Commonwealth

This appeal arises from the suspension of appellants operating privilege for refusing to undergo chemical testing pursuant to the Implied Consent Law, 75 Pa.C.S. § 1547. The lower courts disagreed over the authority of a municipal police officer to invoke the Implied Consent Law outside the officers defined territorial jurisdiction, as provided in the Municipal Police Jurisdiction Act, 42 Pa.C.S. § 8951 et seq. ("MPJA" or "Act"). The trial court found that the officer lacked authority under the MPJA to pursue and arrest appellant in an adjoining jurisdiction; that the lack of authority rendered the officers invocation of the Implied Consent Law invalid; and, thus, that appellants operating privilege was not subject to suspension under the Implied Consent Law. A divided panel of the Commonwealth Court reversed, with the panel majority holding that the officer had acted within his MPJA authority in pursuing appellant into a neighboring jurisdiction, stopping her, and then invoking the Implied Consent Law. We agree with the trial court that the officer in the situation sub judice exceeded his authority under the Act and, therefore, we reverse the order below and reinstate the trial courts order invalidating appellants license suspension.