Commonwealth v. Ferguson

HOFFMAN, Judge:

The Commonwealth appeals from a lower court order suppressing all identification evidence. 1 Because we find two of the Commonwealth’s three claims to have merit, we reverse in part and affirm in part.

In the early morning hours of December 25, 1980, in Philadelphia, two men robbed taxicab driver William Pereau at gunpoint. Immediately after the robbery, Pereau contacted police who showed him approximately 100 slides of persons matching Pereau’s description of his assailants. However, appellee’s picture was not among these slides and Pereau made no identification. Nine days…