Commonwealth v. Stroud

HUDOCK, Judge:

In this appeal the Commonwealth asserts the trial court erred in granting Appellee’s motion to suppress evidence.1 We affirm in part and reverse and remand in part.

The standard of review employed by an appellate court when reviewing the grant of a suppression motion has been summarized by our Supreme Court:

We begin by noting that where a motion to suppress has been filed, the burden is on the Commonwealth to establish by a preponderance of the evidence that the challenged evidence is admissible. Pa. R.Crim.P. 323(h). See Commonwealth v. Iannaccio, 505 Pa. 414, 480 A.2d 966…