Commonwealth v. Pleummer

POPOVICH, Judge:

This is an appeal from the order of the Court of Common Pleas of Philadelphia County, which suppressed the physical evidence seized by the police.1 The lower court concluded that probable cause to perform a warrantless search of the trunk of appellant’s automobile did not exist and, therefore, the fruits of that search had to be suppressed. We agree with the lower court and affirm its suppression order.

When passing on a challenge to a decision of a suppression court, we may consider, only the evidence of defense witnesses and so much of the Commonwealth’s evidence that, read…