Commonwealth v. Evans

ORDER

The Court being evenly divided, the Order of the Superior Court is hereby affirmed.

NIX, Former C.J., did not participate in the consideration or decision of this case.

CAPPY, J., files an opinion in support of affirmance in which CASTILLE and NEWMAN, JJ., join.

NIGRO, J., files an opinion in support of reversal in which FLAHERTY, C.J., and ZAPPALA, J., join.

OPINION IN SUPPORT OF AFFIRMANCE

CAPPY, Justice.

The sole issue to be addressed in this appeal is whether there was sufficient probable cause to support the arrest of Appellant. Upon motion of Appellant, the Municipal Court of…