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COM. v. AU

No. 2002 MDA 2007

986 A.2d 864 (2009)

COMMONWEALTH of Pennsylvania, Appellant v. John D. AU, Appellee.

Superior Court of Pennsylvania.

Filed December 1, 2009.

Attorney(s) appearing for the Case

Yvette L. Wilson, Bellefonte, Assistant District Attorney, for Commonwealth, appellant.

Joseph L. Amendola, State College, for appellee.

BEFORE: FORD ELLIOTT, P.J., MUSMANNO, ORIE MELVIN, BENDER, BOWES, PANELLA, DONOHUE, SHOGAN and ALLEN, JJ.

OPINION BY BENDER, J.:

¶ 1 This is a Commonwealth appeal from the order granting John D. Au's (Appellee) motion to suppress evidence. The Commonwealth claims that the trial court erred in granting Appellee's motion. For the following reasons, we affirm.

¶ 2 The trial court summarized the facts of this case as follows:

While on routine patrol on May 31, 2007, Sergeant Ryan Hendrick of the Ferguson Township Police Department observed a vehicle...

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