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COM. v. SMITH

No. 723 EDA 2008

979 A.2d 913 (2009)

COMMONWEALTH of Pennsylvania, Appellant v. John SMITH, Appellee.

Superior Court of Pennsylvania.

Filed August 10, 2009.

Attorney(s) appearing for the Case

Karen B. Jordan, Asst. Dist. Atty., Philadelphia, for the Com., appellant.

Lori Mach, Public defender, Philadelphia, for appellee.

BEFORE: STEVENS, KLEIN and KELLY, JJ.

OPINION BY KELLY, J.:

¶ 1 The Commonwealth appeals from an order granting a motion to suppress drugs found during a search incident to arrest after undercover narcotics police observed Appellee, John Smith,1 in a suspicious street transaction. The suppression court concluded that the police lacked probable cause to arrest even though a trained, experienced narcotics officer saw Appellee hand over an object from his sock in exchange...

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