Commonwealth v. Micklos

CERCONE, Judge:

We considered this case en banc primarily to determine whether the Commonwealth may appeal from an order of court which granted a criminal defendant’s suppression motion and concurrently dismissed all charges filed against that defendant, thereby preventing the Commonwealth from pursuing its right to appeal the adverse rulings of a suppression court. After reviewing the circumstances of this case in light of the applicable law, we conclude that the challenged Com*565monwealth appeal does not implicate principles of double jeopardy.

On April 24, 1993, at approximately 10:10 p.m.,…