Commonwealth v. Kelly

OPINION OF THE COURT

FLAHERTY, Justice.

Appellant, Gerald Kelly, was convicted in Philadelphia Municipal Court for possession of a controlled substance. Common Pleas Court denied certiorari and the Superior Court affirmed the conviction. 1 This case comes to the Supreme Court on grant of allocatur.

The facts relevant to this appeal are the following:

Two police officers were in a patrol wagon in Philadelphia at about 9:00 p. m. when they spotted an expired inspection sticker on an automobile. Appellant, driver of the automobile with the expired sticker complied with a signal from the officers to…