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COM. v. TUCKER

883 A.2d 625 (2005)

COMMONWEALTH of Pennsylvania, Appellant, v. Romel TUCKER, Appellee.

Superior Court of Pennsylvania.

Filed September 6, 2005.

Attorney(s) appearing for the Case

Hugh J. Burns, Assistant District Attorney, Philadelphia, for Commonwealth, appellant.

Andrew G. Gay, Philadelphia, for appellee.

Before: TODD, PANELLA, and POPOVICH, JJ.

OPINION BY PANELLA, J.:

¶ 1 The Commonwealth appeals from the order entered on April 28, 2004, by the Honorable Joseph A. Dych, Court of Common Pleas of Philadelphia County, which granted the suppression motion of Appellee, Romel Tucker.1 After careful review, we reverse.

¶ 2 On December 21, 2003, at approximately 11:00 a.m., Officer George Burgess of the Philadelphia Police Department was conducting surveillance

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