Commonwealth v. Benjamin

PRICE, Judge:

Appellee was charged with possession and possession with intent to deliver a controlled substance,1 and criminal con*4spiracy.2 This is a Commonwealth appeal from the lower court’s order granting a request for suppression made by appellee and a co-defendant.3 The Commonwealth seeks to justify the search of appellee on two theories: (1) the police had probable cause to conduct the search; and (2) the police had probable cause to arrest, thereby validating the search incident thereto. We find the lower court’s order in error, and therefore reverse.

The facts material to our…