Commonwealth v. Cartagena

OPINION BY

DONOHUE, J.:

The Commonwealth of Pennsylvania (“the Commonwealth”) appeals from the August 18, 2010 order of the Court of Common Pleas, Philadelphia County, granting the motion to suppress filed by Jamie Cartagena (“Cartagena”). The issue presented is whether the Commonwealth met its burden of establishing the legality of the warrantless protective sweep of Cartagena’s vehicle. Upon careful scrutiny of the record and a survey of the applicable law, we conclude that the Commonwealth failed to present sufficient evidence before the suppression court to save the firearm discovered in…