COM. v. MACK


313 Pa.Super. 372 (1983)

459 A.2d 1276

COMMONWEALTH of Pennsylvania, Appellant, v. Charles M. MACK.

Superior Court of Pennsylvania.

Filed April 29, 1983.

Petition for Allowance of Appeal Denied October 3, 1983.


Attorney(s) appearing for the Case

Sarah Vandenbraak, Assistant District Attorney, Philadelphia, for Commonwealth, appellant.

John W. Packel, Chief Appeals, Assistant Public Defender, Philadelphia, for appellee.

Before SPAETH, ROWLEY and VAN der VOORT, JJ.


SPAETH, Judge:

This is an appeal by the Commonwealth from an order suppressing evidence seized incident to an arrest. The lower court held that the police officer had no probable cause to make the arrest. However, we think the officer did, and therefore reverse.

We must first decide whether the lower court's order is appealable. Recently we held that "[w]hen confronted with a Commonwealth appeal from an order suppressing evidence, we must determine for ourselves...

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