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Commonwealth v. Colon

Order granting defendant's motion to suppress reversed because probable cause existed under the totality of circumstances to arrest defendant, and subsequent stop and search of defendant's person was lawful; also, evidence found in defendant's car was in police officer's plain view, and the incriminating nature of that evidence was immediately apparent to the experienced police officer.

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J. A05011/01

�1 The Commonwealth appeals the trial court’s November 30, 1999, order granting appellee’s Motion to Suppress. *fn1 We reverse.

�2 On April 1, 1999, the police arrested and charged appellee and a co- defendant, Edwin DeLeon, *fn2 with possession with intent to deliver a controlled substance *fn3 and possession of a controlled substance. *fn4 Appellee filed two Motions to Suppress, one on May 7, 1999, and the other on June 25, 1999. Both motions were to suppress all physical evidence seized from his arrest on April 1, 1999. The trial court held a hearing on these motions on September 21, 1999, and on November 30, 1999, granted appellee’s motions. On December 30, 1999, the Commonwealth filed this timely appeal challenging the trial court’s decision to grant appellee’s Motions to Suppress.

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