Commonwealth v. Robb

Opinion by

Price, J.,

Appellee James H. Robb was indicted by the Montgomery County Grand Jury for operating a motor vehicle while under the influence of intoxicating liquor. He filed a motion to suppress evidence with the Montgomery County Court of Common Pleas, and, on November 19, 1974, the lower court granted the motion. The Commonwealth, as is its right, Commonwealth v. Deren, 233 Pa. Superior Ct. 373, 337 A.2d 600 (1975), has appealed that order. Because the evidence was improperly suppressed, the order of the lower court must be reversed.

On April 18, 1974, Officer Gordon Simes, of the…