Commonwealth v. Barnett

OPINION OF THE COURT

O’BRIEN, Justice.

This appeal by the Commonwealth of Pennsylvania is from an order of the Court of Common Pleas of Philadelphia, which suppressed certain physical evidence1 during the trial of appellee, Dennis Barnett. The suppression court *213held that appellee’s arrest was not based upon probable cause and, therefore, certain physical evidence had to be suppressed. We agree with the holding of the suppression court and will affirm its order.

The facts, as found by the Suppression Court, are as follows:

“1. The defendant was arrested on June 10,1977 in the City of Philadelphia,…