Commonwealth v. Johnson

HOFFMAN, Judge:

This is an appeal from the January 13, 1993 order granting appellee’s, John Johnson, motion to suppress. The Commonwealth presents the following question for our review:

Did defendant retain a reasonable expectation of privacy in a bag of crack cocaine vials, so as to bar police from examining the bag, after defendant placed the bag in a tree in a public park and walked away from it?

Commonwealth’s Brief at 3. For the reasons set forth below, we reverse and remand for trial.

Preliminarily, we point out that “[w]hen passing on a challenge to the decision of the suppression court,…