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COM. v. JOHNSON

431 Pa.Super. 291 (1994)

636 A.2d 656

COMMONWEALTH of Pennsylvania, Appellant, v. John JOHNSON.

Superior Court of Pennsylvania.

Filed January 24, 1994.

Attorney(s) appearing for the Case

Michael Erlich, Asst. Dist. Atty., Philadelphia, for Com., appellant.

Karl L. Morgan, Philadelphia, for appellee.

Before POPOVICH, JOHNSON and HOFFMAN, JJ.

HOFFMAN, Judge:

This is an appeal from the January 13, 1993 order granting appellee's, John Johnson, motion to suppress. The Commonwealth presents the following question for our review:

Did defendant retain a reasonable expectation of privacy in a bag of crack cocaine vials, so as to bar police from examining the bag, after defendant placed the bag in a tree in a public park and walked away from it?

Commonwealth's Brief at 3. For the reasons set...

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