Commonwealth v. Guerrero

OLSZEWSKI, Judge.

Juan Guerrero appeals the judgment sentencing him to three-to-six years imprisonment for possession and possession with intent to deliver heroin. Guerrero brings only one challenge: he contends that the heroin found in his camera bag should have been suppressed since he had not consented to the police search which revealed it. We agree, and order a new trial.

In reviewing an order from' a suppression court, we consider the Commonwealth’s evidence, and only so much of defendant’s evidence as remains uncontradicted. We accept the suppression court’s factual findings that are…