Commonwealth v. Berrios

Opinion by

Mr. Justice Eagen,

Following trial before a judge without a jury in Philadelphia County, Ishmael Berrios was convicted of carrying a concealed deadly weapon in violation of the Uniform Firearms Act. After post-trial motions were denied, a prison sentence was imposed. On appeal, the Superior Court affirmed the judgment without opinion. We granted allocatur and now reverse.

Berrios and a companion, while walking on a street in Philadelphia, were stopped by two policemen without a warrant and “frisked.” A .38 revolver was found concealed in Berrios’ belt, and testimony of the policemen…