Commonwealth v. Acosta

THOMAS, J.,

Pursuant to Pa.R.A.P. 311(d), the Commonwealth appeals the order of this court dated December 4, 2000, granting defendant Miqueas Acosta’s motion to suppress. This opinion is filed in accordance with Pa.R.C.P. 1925(a).

At the suppression hearing, the defendant argued that the search was unlawful because it was made pursuant to a pre-textual stop; it was the result of an illegal seizure; the consent given was not voluntary; and because the defendant was incapable of consenting to a search. This court ordered the suppression of all evidence obtained after the stop of the defendant’s…