Commonwealth v. Clarke

Opinion by

Spaulding, J.,

Appellant Calvin Clarke was arrested on April 23, 1970 and charged with carrying a concealed deadly weapon. His motion to suppress was denied by the Honorable Thomas Reed of the Court of Common Pleas of Philadelphia. On September 7, 1970, he ivas found guilty by the Honorable Maurice Sporkin sitting without a jury. Post trial motions were denied and sentence was imposed. This appeal is from the ruling of Judge Reed at the suppression hearing.

The circumstances leading to appellant’s arrest were not, in our judgment, sufficient to establish probable cause for arrest…