Commonwealth v. Mastriania
Commonwealth v. Mastriania
Opinion of the Court
The Appellant, Frank Leroy Mastriania, appeals following his conviction after trial by jury, of charges of driving a motor vehicle while under the influence of intoxicating liquor. See the Act of April 29, 1959, P.L. 58, § 1037, 75 P.S. § 1037. The Appellant’s sole claim on appeal is that the arresting officer lacked probable cause to arrest the Appellant. We find the Appellant’s claim totally devoid of merit.
The record shows that an officer of the Lancaster City Police answered a summons to the scene of an automobile accident. Upon approaching the place where the accident had been reported, the officer observed an automobile driven by the Appellant leaving the area at a high
Despite the above-described evidence, the Appellant contends that the arresting officer lacked probable cause to make the arrest. He contends that the arresting officer had no probable cause to arrest him without a warrant because he initially attempted to stop the vehicle for leaving the scene of an accident, a misdemeanor under the Act of April 29, 1959, P.L. 58, § 1027, 75 P.S. § 1027. The Appellant reasons that the officer, lacking a warrant, could not pursue him and arrest him having not seen the accident. Since the offense of leaving the scene of an accident is a misdemeanor, he relies upon Commonwealth v. Jacoby, 226 Pa.Super. 19, 311 A.2d 666 (1973). Of course, the Appellant’s contentions are clearly spurious and that case is completely inapposite.
Initially, we must note that the officer did view the Appellant in flight from the scene of a reported accident. This was at least enough, coupled with the re
We find that probable cause for Appellant’s arrest clearly existed and reject the Appellant’s contentions to the contrary.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.