Commonwealth v. Millings

LIPEZ, Judge:

Defendant Frederick Millings appeals from his conviction in a non-jury trial of possession of a controlled substance, 35 P.S. § 780-113(a)(30). He argues that drugs found on his person in a search incident to his arrest should *237have been suppressed because the arrest was made pursuant to an arrest warrant which had been withdrawn following defendant’s voluntary appearance and entry of bail, notwithstanding the fact that the arresting officer acted in good faith and without knowledge of the withdrawal. We agree and grant defendant a new trial.

Defendant, who was residing in…