Commonwealth v. Walker

By JUDGE DIANE McQ. STRICKLAND

The issues to be decided are whether there existed probable cause for a warrantless arrest of the defendant and whether the show-up identification of the defendant by the victim was unduly suggestive and unreliable.

The facts before the Court are that on a cold December evening, after dark, a citizen reported to Officer Ollie that there was a woman yelling for help at the intersection of First Street and Franklin Road. Officer Ollie traveled two blocks to the lighted intersection and encountered a woman being assisted out of the street. She indicated that a tall,…