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COM. v. RYAN

296 Pa.Super. 222 (1982)

442 A.2d 739

COMMONWEALTH of Pennsylvania, Appellant, v. Patrick RYAN and Marianne L. Casano.

Superior Court of Pennsylvania.

Filed February 26, 1982.

Petition for Allowance of Appeal Denied June 1, 1982.

Attorney(s) appearing for the Case

Charles P. Eyer, Assistant District Attorney, Stroudsburg, for Commonwealth, appellant.

Peter T. O'Malley, Scranton, submitted a brief on behalf of Ryan, appellee.

George Westervelt, Stroudsburg, for Casano, appellee.

Before HESTER, CAVANAUGH and VAN der VOORT, JJ.

CAVANAUGH, Judge:

This is an appeal by the Commonwealth from the lower court's order of October 9, 1979, granting the defendants' motions to suppress evidence.1 At issue here is which party has the initial burden of proof at a suppression hearing. We agree with the conclusion of the lower court that the Commonwealth bears the initial burden of establishing the admissibility of the challenged evidence, and also with its finding that the...

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