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McAdoo man's motion to suppress evidence is denied

Published April 05. 2010 05:00PM

Anthony Rodriguez, 25, of 113 N. Cleveland St., McAdoo, had his motion denied by Schuylkill County Judge John E. Domalakes to suppress information obtained by McAdoo police after a traffic stop of his automobile on Nov. 28, 2009, which resulted in his arrest for driving under the influence (DUI) of alcohol and careless driving. He faces trial on the charges.

A hearing on his motion was held recently in the county court at which time Patrolman Jeremy Talanca testified while on patrol at 11 p.m., when he was dispatched to Rodriguez's home because of a noise complaint. While speaking to Rodriguez he detected an odor of alcohol and noted his eyes appeared glassy and his speech slurred and he was staggering. The officer noted a party was going at the residence involving drinking and music. Talanca testified he told the defendant to keep the music down and and to keep the party goers inside the house and he resumed his patrol.

He testified at 11:45 p.m. while patroling near the residence he noted the defendant pulled out in his car and almost struck the police car. The officer followed the vehicle and made a stop and cited Rodriguez for DUI.

In his motion to suppress the charges Rodgriguez testifed the officer did not have sufficient cause to stop his vehicle. The judge disagreed ruling when an officer has reasonable suspicion that a violation of the motor vehicle code is occuring or has occurred he may stop the vehicle.

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