DocketNumber: No. 652
Citation Numbers: 349 Pa. Super. 445, 503 A.2d 450
Judges: Olszewski, Rowley, Wickersham
Filed Date: 1/17/1986
Status: Precedential
Modified Date: 2/18/2022
Appellant challenges his conviction for official oppression,
This case arose when appellant, a bail bondsman, apprehended his bail jumping principal, George Carroll, in
Appellant argues that he was not acting in an “official capacity” when he apprehended Carroll because he is not a public official. Performance of the crime of official oppression is not limited to persons commonly thought of as public officials. The evil that the law seeks to prevent is the unlawful abuse of official authority. See Commonwealth v. Checca, 341 Pa.Super. 480, 491 A.2d 1358 (1985); See also Commonwealth v. Stumpo, 306 Pa.Super. 447, 456, 452 A.2d 809, 814 (1982) (“there is no requirement that the forbidden acts be those which only an official can perform”). It applies to any “person acting or purporting to act in an official capacity or taking advantage of such actual or purported capacity.” 18 Pa.Cons.Stat.Ann. Sec. 5301 (Purdon 1983).
Appellant, as surety on Carroll’s bail bond, was entitled to “take his principal into custody in order to deliver him to the property authority ... (s)o long as the bounds of reasonable means to effectuate the apprehension (were) not transgressed____” Smith v. Rosenbaum, 333 F.Supp. 35, 39 (E.D.Pa.1971). When he apprehended Carroll, appellant was acting as surety on Carroll’s bond, as a bail bondsman. In this capacity appellant had authority to take Carroll into
Judgment of sentence affirmed.
. 18 Pa.Cons.Stat.Ann. Sec. 5301 (Purdon 1983).