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COM. v. GUTIERREZ

No. 2689 EDA 2010.

36 A.3d 1104 (2012)

2012 PA Super 14

COMMONWEALTH of Pennsylvania, Appellant v. Marcos M. GUTIERREZ, Appellee.

Superior Court of Pennsylvania.

Filed January 24, 2012.

Attorney(s) appearing for the Case

Anne F. Palmer , Assistant District Attorney, Philadelphia, for Commonwealth, appellant.

Elliott M. Cohen , Philadelphia, for appellee.

BEFORE: BENDER, MUNDY and FITZGERALD, JJ.

OPINION BY BENDER, J.:

This is a Commonwealth appeal from the order of the trial court granting Marcos M. Gutierrez's (Defendant) motion to suppress physical evidence. For the reasons that follow, we reverse.

The trial court summarized the factual and procedural history of this case as follows:

In July 2010, Gutierrez, through counsel, filed a motion seeking to suppress illegal narcotics found on his person by the Philadelphia Police. Gutierrez claimed...

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