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COMMONWEALTH v. FRIEL

211 Pa.Super. 11 (1967)

Commonwealth, Appellant, v. Friel.

Superior Court of Pennsylvania.

September 15, 1967.

Attorney(s) appearing for the Case

Alan J. Davis, Assistant District Attorney, with him Paul R. Michel, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellant.

John H. Clay, with him Ronald J. Brockington, for appellee.

Before ERVIN, P.J., WRIGHT, WATKINS, MONTGOMERY, JACOBS, HOFFMAN, and SPAULDING, JJ.

OPINION BY JACOBS, J., September 15, 1967:

The Commonwealth appeals the order of the court below suppressing the admission into evidence of narcotics seized as a result of a search without a valid warrant of appellee's automobile. The Commonwealth asserts the search can be justified on either of two arguments: (1) it was incident to a lawful arrest and/or (2) the search of the automobile under the circumstances...

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