Commonwealth v. Hinkson

BROSKY, Judge:

This is an appeal from the order of the lower court granting in part appellee’s motions to suppress physical evidence and certain statements on the basis of its finding of an unlawful warrantless search. 1 Appellant, the Commonwealth, contends that the search was lawful in that consent to search was given and because exigent circumstances were present. We agree that exigent circumstances existed and reverse the order of the court below. 2

On July 12, 1981, at about 12:40 a.m., Troopers James Dibler and John Balaska of the Pennsylvania State Police were on patrol when they…