Commonwealth v. Blakney

LIPEZ, Judge:

The conviction of the defendant for the crime of possession of a controlled substance was based on evidence obtained incident to an arrest on an arrest warrant issued for an unrelated charge which lacked probable cause. Hence, it must be reversed.

It was tried before the court without a jury. There is no substantial dispute as to the facts. The defendant had borrowed a shot gun from John Ray which he failed to return. Defendant told Ray that his apartment had been burglarized and the gun taken. When Ray sought to gain admission to the defendant’s home on several occasions, he was…