Commonwealth v. Dennis

Dissenting Opinion by

Hoffman, J.:

I cannot agree that the search which revealed the presence of narcotics was a search conducted incident to a lawful arrest.

The facts of this case can be simply stated: On the night of October 21, 1972, the arresting officers received a radio call to the effect that two men were “prowling” in the area of 48th and Sansom Streets in Philadelphia. Four officers, in two separate cars, arrived in the area and observed appellant and his co-defendant walk along the sidewalk, part, and proceed to walk in opposite directions. One of the men walked on a porch.…