Commonwealth v. Brandt

CERCONE, Judge:

This is an appeal by the Commonwealth from an order of the Court of Common Pleas of Allegheny County granting defendant-appellee’s motion to suppress physical evidence.

Initially, we determine that the Commonwealth has the right of appeal from this order. It is clear that the Commonwealth has no other evidence against the appellee and, if the suppression order is upheld, the prosecution will necessarily terminate. Our Supreme Court has consistently held that the Commonwealth may appeal from an adverse ruling in a criminal case where the question involved is purely one of law,…