Commonwealth v. Ellis

Opinion by

Hoffman, J.,

The sole contention before this Court is that appellant’s conviction was based on evidence obtained as a result of an illegal search and seizure. We find no merit to this claim.

On January 24, 1974, during the early morning hours, Officer Gary Merlin of the Philadelphia Police Department was assigned to foot patrol in the area of 13th and Market Streets. At approximately 2 a.m., he observed appellant walking south on 13th Street, near Cuthbert Street. Merlin testified at the pre-trial suppression hearing that appellant was carrying what the officer believed was an adding…