Commonwealth v. Smith

ROWLEY, Judge:

This is an appeal by the Commonwealth of Pennsylvania from the trial court’s order of June 21, 1989, granting appellee a new trial on the basis that the trial court had erred in not suppressing evidence. The evidence at issue consists of 40 ziplock bags containing varying amounts of cocaine, and one bag containing marijuana, that were found in appellee’s pants pocket. As a result of the seizure, appellee was charged with one count of possession of a controlled substance, possession with intent to deliver, and possession of drug paraphernalia. Appellee filed an omnibus pre-trial…