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COM. v. JONES

845 A.2d 821 (2004)

COMMONWEALTH of Pennsylvania, Appellant, v. Tamika Lynn JONES, Appellee.

Superior Court of Pennsylvania.

Filed February 10, 2004.

Reargument Denied April 21, 2004.

Attorney(s) appearing for the Case

James P. Barker, Asst. Dist. Atty., Harrisburg, for Com., appellant.

Justin J. McShane, Harrisburg, for appellee.

BEFORE: JOYCE, MUSMANNO and CAVANAUGH, JJ.

OPINION BY MUSMANNO, J.:

¶ 1 The Commonwealth of Pennsylvania (the "Commonwealth") appeals from an Order entered on December 13, 2002, granting a suppression Motion filed by Appellee, Tamika Lynn Jones ("Jones"). We affirm.

¶ 2 The suppression court aptly summarized the underlying facts as follows:

[O]n June 7, 2002[, Officer Peter Rivera of the Harrisburg Police Department] was assigned to [the] daylight shift .... Although he was not certain...

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