Commonwealth v. Donaldson

¶ 1 This is an appeal from a judgment of sentence 1 imposed upon Appellant after he was convicted of possession of a controlled substance, namely, heroin. Appellant raises a single issue, whether the court erred in failing to suppress the drugs and other paraphernalia seized from Appellant? We vacate and remand.

¶ 2 As a preface to our analysis we set forth the trial court’s recitation of the facts of the case:

On the afternoon of January 18, 2000, Officer Gail Schaffer of the Allentown Police Department Vice and Intelligence Unit was conducting surveillance for drug activity in the 400 block…