Commonwealth v. Burnside

CERCONE, Judge.

This is an interlocutory appeal as of right from an order suppressing contraband seized from appellee, Nathaniel Burnside, at the time of his arrest. The appeal is properly before this court because the Commonwealth has certified that suppression of the physical evidence substantially handicaps the prosecution of this case. See Pa.R.A.P., Rule 311(d), 42 Pa.C.S. (Commonwealth Appeals as of Right in Criminal Cases). For the reasons set forth below, we reverse.

On January 11, 1992, at approximately 10:15 p.m., a uniformed Philadelphia police officer observed appellee, who was…