Commonwealth v. Roscioli

Opinion by

Spaeth, J.,

Following a non-jury trial, appellant was convicted of burglary, theft, and conspiracy.1 His sole contention on appeal is that his arrest was made without probable cause and consequently his pre-trial motion to suppress was improperly denied.2 Although the case is close, we affirm the judgment of sentence.

At 3:00 a.m. on February 26, 1974, Officer John Flynn of the Philadelphia police was on patrol by himself in a patrol car. As he approached the intersection of State Road and Wyoming Avenue, he saw two white males “duck” between a parked truck and car.3 As appellant…