Commonwealth v. DeWitt

OPINION OF THE COURT

LARSEN, Justice.

This is an appeal from the Superior Court’s Order reversing a Schuylkill County Common Pleas Court’s Order, entered on November 16, 1989, suppressing the evidence of drugs and drug paraphernalia seized during an automobile search.

We begin by noting that where a motion to suppress has been filed, the burden is on the Commonwealth to establish by a preponderance of the evidence that the challenged evidence is admissible. Pa.R.Crim.P. 323(h). See Commonwealth v. Iannaccio, 505 Pa. 414, 480 A.2d 966 (1984), cert. denied, 474 U.S. 830, 106 S.Ct. 96, 88 L.Ed.2d *30278…