Commonwealth v. Proctor

POPOVICH, Judge:

This case involves a challenge to the order of the Court of Common Pleas of Clinton County by the Commonwealth regarding the grant of the appellee/Jason Michael Proctor’s motion to suppress.

In Commonwealth v. Bosurgi, 411 Pa. 56, 190 A.2d 304 (1963), cert. denied, 375 U.S. 910, 84 S.Ct. 204, 11 L.Ed.2d 149 (1963), the Commonwealth was granted the right to appeal the grant of a suppression motion. In doing so, the Commonwealth was told simply that it was to plead that its case against the defendant would be substantially handicapped or terminated if the suppression order were…