The Pennsylvania Superior Court ruled that the defendant waived her appellate claims. After the Commonwealth charged DUI and other crimes, the defendant did not file a pretrial omnibus motion. The trial court convicted her, and the defendant appealed. The Superior Court affirmed and held that the defendant could not argue issues about the police officers’ probable cause because she did not raise the claims in a suppression motion. The Court also offered an important reminder: Appellants are not automatically entitled to the retroactive application of Alexander because, for a new rule of law to apply retroactively, the appellant must preserve the issue at all stages of adjudication up to and including the direct appeal.
