Commonwealth v. Capone

HESTER, Judge:

This is an appeal from the order of the trial court denying appellant’s motion to expunge his arrest record. The procedural history and facts relevant to the issues on appeal are as follows:

At approximately 10:00 p. m. on January 24, 1977, a silent alarm went off at the jewelry store of Bailey, Banks and Biddle in the Bala Cynwyd Shopping Center in Lower Merion Township, Montgomery County, bringing police to the scene. There were several inches of newly fallen snow on the ground. As the officers arrived, they noticed a car doing “doughnuts” in the snow in the parking lot. The…