*1 safeguard, relief had to be terminated. aAs Nursery. Court ordered visits to be in the Court “If, hearing, allegations evidentiary after a full substantiated, Petition this Court modify suspend prior well Order.” Judge’s It is clear from the that the father is words precluded finally presenting additional evidence support request of his that his former wife and right mother of the children be denied the temporary visit her children. The court’s order is purport adjudication. does not abe final Judge properly acted in CIPRIANI best interests of the children.
Accordingly, permitting restricted visita- privileges pending hearings to the mother further is affirmed. Appellant, v.
Commonwealth, Brenneman. *2 J., Submitted March 1975. Hoffman, Cercone, Price, Jacobs, Attorney, and McFall, Alan B. Assistant District Attorney, for Common- Spaziani, H. District Charles appellant. wealth, Refoivich, for
Mark Refoioich, and Fishbone & S. appellee. September 22, 1975 : Cercone, appeal by
This is pretrial suppressing evidence below order the court Brenneman, Ronald seized from automobile of G. suppres- following appellee, his arrest. Since prosecution, the Commonwealth’s sion will terminate the permissible. Bosurgi, operative facts May policeman Donio Thomas Borough Northampton County, of Hellertown, appellee operating speed observed the at his vehicle on this Donio considered too fast for conditions. Based pursued process violation Donio the vehicle. While stopping vehicle, appellee place Donio observed the a bottle underneath the driver’s then called seat. Donio ques- for the assistance of full-time officer who being appellee Upon tioned the informed placed seat, he had a bottle wine underneath the the of- ficer passenger informed and his were being charged under-age possession with of an alcoholic beverage. being police headquarters While detained at appellee gave written consent search his auto- subsequent mobile. The search the seizure resulted *3 slightly bottle wine of less than one ounce of marijuana. arraigned The posses- was then for under-age drinking. sion of controlled substance and presented The novel issue this to deter- auxiliary policeman mine under what circumstances perform regular can police functions. January
The 1952, (1951) Act of P.L. authority municipality §§ for a seeking police auxiliary force with police. 2 of §732, provides Section the 53 P.S. that police may the chief persons auxiliary of nominate as policemen, but all nominees are to be confirmed and Mayor burgess. in sworn the or pertinent provide The other of sections the Act as Calling duty to active “§734. any
The city, any borough of the of town, super- the chairman of commissioners or any may police visors auxiliary of call township, the disaster duty during of to active except labor disturbances. in cases of Powers Ҥ735. the duty have Auxiliary policemen active shall on
(a). the munici- powers regular police same officers perform pality and shall they serving, in which by the assigned to them such other duties as be police. duty in a policemen (b) Auxiliary active when on municipality appointed shall in other than which one regular powers municipality as the in have same such police officers thereof. may be exercised
(c) powers The herein conferred report auxiliary only they for active policemen duty.” duty relieved from and until day ques the that on The Commonwealth concedes to active auxiliary not called Donio had been Officer duty by “period due to a below, relying court emergency. .” The . 53 P.S. §734. . August on v. Ward, the decision Commonwealth County Northampton Division, Term, 1973, Criminal contraband, held P.J., 1974), C.P. that (Palmer, marijuana, suppressed because Donio wine and be legal did not to arrest have agree. argues does
The Commonwealth the statute preclude utilizing chief every-day police functions. any authority for failed to cite any. position disclosed nor has our research analysis contrary, Act to conclude our leads us permit it was the utilization intended *4 regular police auxiliary policemen force, then have been activated mayor period due to emergency community. previously noted, As 53 P.S. §§ supra, is the creation and utilization statutory auxiliary policemen. This authorization devoid, indication that power auxiliary policemen to utilize regular police other than when duties pursuant has activated them (53 734) Section 4 of the Act. § Since was arrested duty pursuant officer who was not then to a on active disaster or arrest was illegal.
Accordingly, the order of the court below affirmed. Dissenting Price, J.: my dissenting I dissent for the set reasons forth in Ward, Superior Ct. A.2d J., joins dissenting opinion. P. in this
Watkins, Appellants, Cohen, et v. al., Kalodner, et al. Argued March 1975.
Jacobs, Cercone, Price, J., absent).
(Hoffman,