Commonwealth v. Guinther

LIPEZ, Judge:

This is a Commonwealth appeal from a pretrial suppression order, 1 in a prosecution on two counts of possession of a controlled substance and two counts of possession with intent to deliver a controlled substance. Being unable to resolve the issues on this record, we vacate the suppression order, and remand for further proceedings. 2

The Commonwealth’s evidence at the suppression hearing consisted of testimony by two police officers, Pesóla and Williams. Officer Pesóla testified that he had seen a juvenile about five feet within the edge of the grounds of an unenclosed municipal…