Commonwealth v. Smith

Opinion by

Jacobs, J.,

The Commonwealth appeals from the lower court’s suppression of evidence. We find that the Common wealth has not met its burden of establishing the admissibility of this evidence, and thus affirm.

A review of the record discloses the following facts: At approximately 1 .TO p.m. on April 28,1972, a trooper of the Pennsylvania State Police noticed while on patrol that a motorcycle coming in the opposite direction did not appear to have a proper Pennsylvania inspection sticker. The motorcycle was operated by appellee, Leslie Hale Smith. The trooper turned his vehicle around…