Commonwealth v. Sims

By Judge Edward L. Hogshire

This criminal prosecution arose from a search of the Defendant pursuant to a stop for disorderly conduct, a class one misdemeanor. As a result of the search, two officers found cocaine on the Defendant’s person. Defendant moved to suppress, arguing that the seizure was not incident to a lawful arrest. After due consideration of applicable law, arguments presented in the hearing on January 30, 2002, and supporting memoranda, for the reasons set forth below, the motion is granted.

Facts

In the early morning hours of September 7, 2001, police officers were dispatched to…