Commonwealth v. Devlin

Opinion by

Cercone, J.,

Defendant ivas convicted, after trial without jury, of the crime of possession of narcotic drugs. He has appealed to this court contending that the refusal of his pretrial motion to suppress the physical evidence of the drugs was error as that evidence was either the fruit of an illegal arrest made without probable cause or the direct product of a Avarrantless search made AAÚthout probable cause.

We do not agree. Admittedly, where defendant’s arrest is lawful, being based on probable cause, the search incident to that arrest is likewise lawful: Commonwealth v. Friel, 211…