Commonwealth v. Gaul

OPINION BY TAMILIA, J.:

¶ 1 The Commonwealth appeals from the February 25, 2004 Order granting appel-lee’s pre-trial motion to suppress a statement he made to a police investigator while in custody. After careful review, we reverse and remand for further proceedings consistent with this Opinion.

¶ 2 On the evening of July 4, 2003, ap-pellee visited the apartment of Shelly Burns for approximately an hour. At some point during his visit, appellee was left unattended while sitting on the living room sofa. The next day, Burns discovered that her .38 caliber Smith & Wesson handgun was missing from…